[채무부존재확인등][공1981.11.1.(667),14320]
The validity of registration of establishment of a right to collateral security with a person who is not a debtor under a contract to collateral security as a debtor (negative)
Since the registration of the establishment of the right to collateral security was made with a third party who is not a debtor under the contract to collateral security as the debtor is different, it is invalid without any cause in light of the subsidiary nature of the right to collateral security.
Articles 356 and 369 of the Civil Act
Plaintiff
Attorney Kim Dong-hwan, Counsel for the defendant-appellant
Daegu High Court Decision 78Na906 delivered on April 30, 1980
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The defendant's attorney's grounds of appeal are examined.
According to the records, the defendant asserted that, as long as the plaintiff and the defendant agreed to secure this real estate and to borrow money from the plaintiff on February 13, 1980 (which appears to be a clerical error, 1980.2.12), the defendant's assertion that part of the money was used as the plaintiff's assertion that it would not exist or invalid, even if it was used as the plaintiff's claim, the contract cannot be established or invalid. However, in light of the reasoning of the judgment of the court below, the court below acknowledged that the non-party 1, who is the defendant's employee, prepared a false document to deliver the money from the defendant as collateral and completed the registration of establishment of a collateral, the above registration did not contain any error of law as to the defendant's right to use the real estate as a collateral, since the non-party 1's allegation that the above non-party 1 was recorded as the plaintiff's non-party 1's non-party 1's non-party 1's non-party 1's claim that it was invalid as the defendant's obligation.
Therefore, the appeal is dismissed, and the costs of the lawsuit are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Jong-woo (Presiding Justice)