근저당권말소등기 등
1. The part of the judgment of the court of first instance against the Defendants shall be revoked.
2. The Defendants are listed in the separate sheet, respectively, to the Plaintiff.
1. Basic facts
A. As to each of the real estate listed in the separate sheet owned by the joint Defendant B, the Plaintiff’s joint Defendant B (hereinafter “instant real estate”), the registration office of the Busan District Court was completed on January 8, 201 with respect to the establishment registration of the collateral security (hereinafter “instant collateral security”) of the collateral security (the maximum debt amount of KRW 150 million), the obligor F, and the Plaintiff as the mortgagee of the instant mortgage (hereinafter “instant collateral security”).
B. The Plaintiff’s registration of cancellation of the right to collateral security and alteration of rights thereafter (1) the instant right to collateral security was registered for cancellation on the ground of cancellation on January 30, 2013, No. 2259, which was received on January 30, 2013.
(2) Defendant Linsa Agricultural Cooperative (hereinafter “CF”) completed the registration of the establishment of a collateral security with respect to the instant real estate as the debtor F, the maximum debt amount of KRW 1.322 billion, the mortgagee of a collateral security, and the mortgagee of a collateral security, on the ground of the contract that was concluded on February 6, 2013 with respect to the instant real estate.
(3) On May 22, 2013, Defendant E completed the provisional registration of the right to claim transfer of ownership on the ground of trade reservation on May 21, 2013.
C. F’s death and inheritance relation F was deceased on May 26, 2013, and the heir was the co-defendant B and C and D, who were co-defendant B and their children of the first instance court.
The Plaintiff filed the instant lawsuit against B, C, and D seeking the execution of the procedure for the recovery registration of the instant right to collateral security, alleging that the registration of cancellation of the instant right to collateral security was illegally cancelled without the Plaintiff’s intent without any authority. Thus, the Plaintiff filed the instant lawsuit against B, C, and D, claiming that the Defendant would express his/her consent on the registration of recovery of the instant right to collateral security, while the court of first instance was summoned for lawful summons not attributable to service by publication.