Intervenor joining the Defendant

[G]

2. The plaintiff's remaining claims against BB and all claims against the defendant (Appointeds), the defendant (Appointeds), the Appointeds, and the defendant's Republic of Korea are dismissed.

3. The costs of lawsuit shall be borne by the Plaintiff.

Cheong-gu Office

As to each of the real estate listed in the separate sheet, the designated parties and BB performed the procedure for registration of partial collateral security transfer, which was completed on August 4, 2008 by the Seoul Northern District Court Registry No. 0000, and the procedure for registration of recovery of the establishment of a neighboring mortgage, which was completed on February 12, 2008 by the registration office No. 0000, and on February 12, 2008, the designated parties and the Defendant (designated parties; hereinafter the “Defendant”) expressed their intention to each of the above procedure for registration of recovery as to each of the real estate listed in the separate sheet No. 3, 5, 7, and 8, the Defendant Republic of Korea expressed their intention to each of the above procedure for registration of recovery as to each of the real estate listed in the separate sheet No. 4, 5, and 6

A. On February 12, 2008, the Seoul Northern District Court Registry No. 00000 of receipt of February 12, 2008, the establishment registration of a mortgage (hereinafter referred to as the “mortgage of this case”) was completed with respect to the 1/2 shares of BB owned by the designated parties among each immovable property listed in the separate sheet, with the amount of maximum debt amount of KRW 000,000,000,000, the debtor and BB, and the E-mortgage

B. Of the instant right to collateral security, the Seoul Northern District Court’s Northern District Court’s registration office was received on August 4, 2008, No. 0000, July 30, 2008, with respect to KRW 00 million, and the Plaintiff was subject to additional registration of partial transfer of the right to collateral security (hereinafter “the instant supplementary registration”).

C. ParkF had forged the power of attorney under the name of the Plaintiff and requested the Defendant’s Intervenor YG certified judicial scrivener to file an application for cancellation of the instant supplementary registration, and the instant supplementary registration was cancelled on February 1, 2010, the Seoul Northern District Court’s Northern District Court’s receipt No. 0000, January 29, 2010.

D. ParkF-F was indicted by the Seoul Northern District Court Decision 2013Kadan0000 on October 10, 2013, on the facts charged of the Plaintiff’s proxy forgery and exercise of the Plaintiff’s name such as the entry in C.C., false entry in the cancellation of the instant supplementary registration, and the use of false entry in the electromagnetic records, etc., and the foregoing court rendered a judgment ordering ParkF to be sentenced to ten months in imprisonment with prison labor and to suspend its execution for two years. The ParkF appealed appealed, but the said judgment became final and conclusive upon dismissal of the appeal.

E. Meanwhile, the instant collateral security, the principal registration of the instant supplementary registration, was also cancelled on the ground of termination on February 1, 2010, the receipt of the Seoul Northern District Court Decision No. 0000, Jan. 29, 2010.

F. (1) The Selected completed the registration of transfer of ownership on February 3, 2014 with respect to part of the shares owned by B, without the designated parties, among each of the instant real estate.

(2) Defendant SongCC completed the registration of ownership transfer based on the partition of co-owned property on May 30, 2014, as to the selected Doddd and DoB’s shares among each real property listed in the separate sheet Nos. 3, 5, 7, and 8.

(3) Defendant Republic of Korea (hereinafter “Disposal Office”) completed each attachment registration on September 5, 2014 with respect to the real estate listed in paragraphs (4) and (5) of the [Attachment List Nos. 4 and (6).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through Gap evidence 5 (including partial numbers), the purport of the whole pleadings.

2. Determination prior to the merits

A. The assertion

The Plaintiff asserted that the supplementary registration of this case was cancelled due to the crime of ParkF’s forgery, etc., and sought the cancellation registration procedure of the instant collateral security and supplementary registration against BB from the selector and seek cancellation registration procedure.

B. The supplementary registration of this case’s additional registration of the right to collateral security transfer is a separate registration of the right to collateral security transfer, which is subordinate to the registration of the establishment of the right to collateral security prior to the existing principal registration, and thus, constitutes a whole of the principal registration, and thus, if the secured obligation is extinguished or if the establishment of the right to collateral security is null and void at the beginning, the registration is to be cancelled ex officio pursuant to the cancellation of principal registration even if the registration is not separately seeking cancellation (see, e.g., Supreme Court Decision 87Meu2585, etc.). Likewise, even if the registration of the right to collateral security transfer and the additional registration of the right to collateral security transfer are cancelled and seeking restoration thereof, it is to seek restoration of principal registration, and even if the supplementary registration is not separately seeking restoration, it is

As to the instant case, the Plaintiff seeking the cancellation and recovery of the instant right to collateral security, which is the principal registration against BB by the selected parties, and even if the instant supplementary registration does not seek the restoration separately, it is recovered ex officio by the restoration of principal registration. Therefore, there is no benefit to seek the cancellation separately.

Therefore, the part of the Plaintiff’s claim for the execution of the cancellation registration procedure of the Additional Registration is unlawful among the lawsuits against B by the designated parties.

C. Whether the claim for the execution of the procedure for recovery registration of the right to collateral security of this case is lawful

(1) The argument

With respect to the Plaintiff’s claim for the implementation of the procedure for registration of cancellation of the instant right to collateral security, the Defendant SongCC and the designated parties, and the Intervenor joining the Defendant (hereinafter “the Defendant”), the instant right to collateral security was duly cancelled by the Plaintiff, who was designated as the obligor, with all of the secured obligations, and the Plaintiff, who was not the person entitled to registration, has no legal interest in claiming the implementation of the procedure for registration of cancellation of the instant right to collateral security, as seen above.

(2) Determination on the part of KRW 00 million transferred to the Plaintiff

As to the part of the right to collateral security of this case transferred to the plaintiff, the supplementary registration of this case constitutes a case where the supplementary registration of this case is subordinate to the right to collateral security of this case, which is the principal registration, and there is a benefit to seek cancellation of the supplementary registration, and to seek cancellation of the principal registration which is the supplementary registration, which is the main registration, and to seek cancellation of the principal registration. Therefore, this part of the defendants' assertion

(3) Determination as to the remainder other than the part transferred to the Plaintiff

Unless prescribed otherwise by law, registration shall be applied jointly by the person entitled to registration and the person liable for registration (Article 23(1) of the Registration of Real Estate Act); a person entitled to registration and the person liable for registration is a procedural concept established in relation to the principle of joint application taken by the Registration of Real Estate Act; a person entitled to registration is a person whose registration is applied for, and thus, is a person whose acquisition of rights or other interests in substantive rights and duties are indicated formally on the register; or a person who is exempted from rights or duties by the matters to be registered on the registration form; and the person liable for registration is a person whose rights are lost or disadvantaged in substantive rights and duties (see, e.g., Supreme Court Decision 79Da345, Jul. 24, 1979).

As to the instant case, the person acquiring a right in the form of the registry by recovering the remainder except the part transferred to the Plaintiff among the instant right to collateral security, is not the Plaintiff, and thus, the right to recover the remainder other than the part transferred to himself/herself is unlawful as there is no benefit in the protection of rights.

(4) The theory of lawsuit

Therefore, the Defendant’s defense prior to the merits is justified within the aforementioned scope, since the Defendant’s claim for the enforcement of the procedure for the registration of rehabilitation of the instant right to collateral security against the remainder of the lawsuit against B, excluding the part transferred to the Plaintiff.

3. Judgment on the merits

A. Determination on the cause of the claim

According to the above facts, since ParkF forged the Plaintiff’s power of attorney and deleted the instant supplementary registration without permission, barring any special circumstance, the part of the instant supplementary registration, which is incorporated into the instant supplementary registration, transferred to the Plaintiff should be restored, barring any special circumstance. Defendant SongCC, Korea, and OptionalD, who is an interested party after the cancellation registration, have a duty to express his/her consent regarding the procedure for the said recovery registration.

B. Determination of the defendants' assertion

(1) Summary of the assertion

The creditor of the debt guaranteed by the instant supplementary registration is ParkF and the Plaintiff is ParkF’s creditor. However, on January 29, 2010, the SelectionB repaid or was exempted from the secured debt amounting to KRW 000 million. Therefore, the secured debt of the instant supplementary registration is all extinguished due to the said repayment and exemption, and the registration of cancellation of the instant supplementary registration and the right to collateral security is valid as a registration consistent with the substantive legal relationship.

(2) Determination as to the creditor of the secured obligation in the supplementary registration of this case

6. The Plaintiff extended 0.0 billion won to the Plaintiff for additional registration of 0.0 billion won for the purpose of this case’s 0 billion won and 0.0 billion won for the remainder of 0.0 billion won for the purpose of this case’s loan to the Plaintiff, 196, and 0.0 billion won for the purpose of this case’s additional registration of 0.0 billion won for the purpose of this case’s loan to the Plaintiff. The Plaintiff still borrowed 0.0 billion won for the purpose of this case’s 0 billion won and 0.0 billion won for the remainder of 0.0 billion won for the purpose of this case’s loan to the Plaintiff, 196.0 billion won for the purpose of this case’s additional registration of 0.0 billion won for the purpose of this case’s 0 billion won and 0.0 billion won for the purpose of this case’s loan to the Plaintiff.

(c)

(3) Determination as to the extinguishment of the secured obligation under the supplementary registration of this case

The creditor of the secured debt in the supplementary registration of this case is ParkFF. On January 29, 2010, the designated debtor and the designated debtor paid KRW 000 million to ParkF as repayment of the secured debt in the collateral security and the supplementary registration of this case, and was exempted from ParkF. Thus, the secured debt in the supplementary registration of this case was entirely extinguished due to repayment and exemption.

C. Sub-committee

Ultimately, the registration of cancellation of KRW 00,000,000, out of the instant supplementary registration and the instant collateral security right, which is one of the instant supplementary registration, is valid as a registration consistent with the substantive legal relationship. Therefore, the Plaintiff’s claim against BB seeking implementation of the procedure for restoration registration of KRW 00,000,000,000, which was transferred to the Plaintiff out of the instant collateral security right, is without merit, and there is no reason for the SelectionD, Defendant SongCC, and Korea premised on the implementation of the procedure for restoration registration.

4. Conclusion

Therefore, since the part concerning the claim for the repayment of the additional registration of this case among the lawsuit against the SelectionB and the part concerning the claim for the execution of the restoration registration of the remaining part of the right to collateral security of this case, excluding the part concerning the claim for the execution of the restoration registration of the right to collateral security of this case transferred to the plaintiff, is unlawful, it shall be dismissed, respectively. The remaining claim against B without the plaintiff's selection and the selection of the plaintiff and the claim against BD, the SongCC, and the Republic of Korea are all dismissed.

Table 3

1. 000 square meters prior to Nowon-gu in Seoul Special Metropolitan City, Nowon-gu;

2. Set-off road of 0000-0 square meters in Seoul Special Metropolitan City, Nowon-gu.

3. 000-0 Religious site in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu.

4. Set-off 000-0 Forest land of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

5. Set-off 000-0 Forest land of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

6. Set-off of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 000-0 Forest land of 000 square meters (00/000 of Optional shares).

7. Set-off 000-0 Forest land of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

8. Set-off 000-0 Forest land of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 000 square meters.