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(영문) 부산지방법원 2017.06.22 2016가단50302

근저당권설정등기회복등기절차이행등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall provide Daegu District Court racing support for the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. From July 24, 2013 to December 31, 2013, the Plaintiff lent a total of KRW 100 million to Defendant B Co., Ltd. (hereinafter referred to as “B”), and as security, completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) owned by Defendant B on February 27, 2014.

B. On July 9, 2015, the representative F of Defendant B forged relevant documents, such as the Plaintiff’s power of attorney, and completed the registration of transfer of ownership regarding the instant real estate to G (H) on July 30, 2015 after completing the registration of cancellation of the entry in the order with respect to the registration of establishment of the instant neighboring mortgage.

C. Afterward, Defendant C, D, E, and C Livestock Industry Cooperatives (hereinafter referred to as the “CY”) have completed the registration of the following matters with respect to the instant real estate:

1) On July 30, 2015, the Defendant C completed the registration of the establishment of a neighboring mortgage of KRW 1140,000,000 for the maximum debt amount. (2) Defendant C completed the registration of the transfer of ownership on December 2, 2015.

3) Defendant D completed the provisional attachment registration of KRW 150 million on March 22, 2016. Defendant D completed the provisional attachment registration of KRW 150 million on the claim amount. 4) Defendant E completed the provisional attachment registration of KRW 150 million on March 29, 2016.

[Based on the recognition] Defendant C, D, E: without any dispute, each entry of Gap 1 through 6 (including the number of branch offices), the purport of the entire pleadings, the purport of the defendant B, and the Sosansansan C: Confession (the main text of Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above facts of determination as to the cause of the claim, since the cancellation registration of the registration of the establishment of the creation of a mortgage in the name of the plaintiff was invalid on the basis of forged documents, the registration of the establishment of a mortgage in the name of the plaintiff is invalid. At the time of the above cancellation registration, the defendant B, who is the title holder of the real estate in this case, is liable to implement the procedure for the cancellation registration of the registration of the establishment of a mortgage in the nearest area of this case