1. The term of the contract to establish a right to collateral security between the Plaintiff and the Defendant on May 21, 2008 and the contract to establish a right to collateral security on May 11, 2010.

1. On May 21, 2008, with respect to the real estate listed in the separate list owned by the Plaintiff (hereinafter “instant real estate”), the registration of creation of the right to lease on a deposit basis under the name of the Defendant (hereinafter “instant right to lease on a deposit basis”) was made on May 21, 2008 on the basis of the debtor, the maximum debt amount of KRW 45,000,000, and on the same day mortgage contract, and on May 11, 2010, the registration of creation of the right to lease on a deposit basis under the name of the Defendant (hereinafter “the right to lease on a deposit basis”) was completed on the same day, or is recognized by the statement stated in Gap evidence.

2. Judgment on the main claim

A. The plaintiff asserts that even though he did not borrow money from the defendant or provide the real estate of this case as security, since D, who was his husband, her husband, and living together with the defendant, conspired to use the plaintiff's certificate of personal seal impression and made the registration of establishment of the right to collateral security and right to lease on a deposit basis without permission, each of the above registrations should be cancelled

B. Where a registration for judgment has been made, the registration is presumed to have been lawful and to have publicly announced the true state of right, and thus, the party who asserts that the registration was unlawful is responsible to prove the opposing fact that it is likely to reverse the presumption of right.

(2) In light of the legal principles as seen earlier, the following circumstances are as follows: (a) D, who was living together with the Plaintiff, borrowed KRW 30,000,000 from the Defendant’s husband on May 21, 2008 to secure this (hereinafter “the instant loan”); (b) the instant mortgage contract was concluded between the Plaintiff and the Defendant on the same day; and (c) the instant lease contract was additionally concluded on May 11, 2010; and (d) based on this, the instant lease contract was concluded between the Plaintiff and the Defendant on the same day.