근저당권말소회복등기 청구
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On August 1, 2014, the Suwon District Court Yangyang District Court (hereinafter “each of the instant real estates”) completed the registration of creation of a mortgage (hereinafter “instant mortgage”) with respect to each of the instant real estates listed in the separate sheet, which is owned by the Defendant, with the registration office of Yangsung Steel Co., Ltd. (hereinafter “Ssung Steel”), the obligor Co., Ltd. and the maximum debt amount of the mortgage amount of KRW 2 billion, and the registration of establishment of a mortgage (hereinafter “the instant mortgage registration”) with respect to each of the instant real estates listed in the separate sheet (hereinafter “instant real estate”). After the establishment of a mortgage (hereinafter “instant mortgage contract”) was completed, the instant registration of establishment of a mortgage was completed on October 15, 2014 by the registration office No. 44197, Oct. 14, 2014.
B. However, as D, the representative director of C (hereinafter “C”) who purchased each of the instant real estate from the Defendant and intended to resell it to another, applied for the cancellation of the instant mortgage registration in the name of the Plaintiffs using a registration certificate held on December 2014 and a forged Plaintiffs’ seal impression certificate, the cancellation registration of the instant mortgage registration (hereinafter “registration of cancellation”) was completed as of December 9, 2014 by the same registry office as of December 9, 2014, as of December 4, 2014, for cancellation as of December 4, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers without special indication; hereinafter the same shall apply) and the purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the cancellation registration of this case was completed by the application for registration under the name of the plaintiffs forged by D. Thus, barring any special circumstance, the defendant is obligated to implement the procedure for the restoration registration of the right to collateral security in this case cancelled to the plaintiffs.
However, as seen below in Paragraph 3, the cancellation registration of this case is currently valid as it is consistent with the substantive relationship.