근저당권설정등기말소
1. On January 20, 2012, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, Incheon District Court’s Seocheon Registry.
1. Comprehensively taking account of the Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3 (including each number), the witness Eul's testimony and the whole purport of pleading as to the cause of the claim, the non-party B entered into a strike agreement with the defendant on Jan. 20, 2012 and entered into a contract with the defendant on Jan. 20, 2012 as to the delegation of the plaintiff's name prepared without the plaintiff's permission and the obligation to return the deposit owed by the plaintiff Eul to the defendant pursuant to the above contract using a certificate of personal seal impression, a seal imprint, a certified copy and abstract of resident registration, a copy and a certificate of registration right, etc., the plaintiff entered into a mortgage agreement on the real estate of this case as a collateral (hereinafter "mortgage agreement of this case") between the plaintiff and the defendant on the same day, and the defendant completed the mortgage creation agreement on the real estate of this case as to the maximum debt amount of the real estate of this case, and the order No. 357,600,000 won.
According to the above facts, the registration of the establishment of a mortgage in the name of the defendant, which was completed in the real estate of this case, is null and void based on the security agreement of this case concluded by B by forging a power of attorney in the name of the plaintiff and a written contract to establish a mortgage, etc.
2. At the time of the instant collateral agreement, the Defendant asserted that the instant claim should be dismissed on the ground that B, at the time of the instant collateral agreement, presented both a seal imprint certificate, a certificate of personal seal impression, a copy or abstract of resident registration necessary for the establishment of real estate security to the Defendant, and the Plaintiff’s certificate of right to registration and the Plaintiff’s resident registration certificate.
First of all, the Civil Code.