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(영문) 서울중앙지방법원 2018.06.20 2017가단87976

근저당권말소

Text

1. The defendant received on December 1, 2005 from the Seoul Central District Court as to the real estate stated in the attached list from the plaintiff.

Reasons

1. Indication of claim;

A. As to the real estate indicated in the attached list owned by the Plaintiff on December 1, 2005, the Seoul Central District Court (the maximum debt amount of KRW 440,00,000,000, the debtor construction company, the mortgagee C, the cause of registration, and the cause of registration, completed the registration of creation of a mortgage (hereinafter “the creation of a mortgage of this case”) on December 1, 2005. On January 26, 2006, C completed the additional registration of the establishment of a mortgage of this case on the ground of the transfer of the confirmed claim to the Defendant.

B. In the first place, the secured debt of the instant right to collateral security has expired by the lapse of ten years from December 1, 2005, which was the date of establishing the instant right to collateral security, and thus, the Plaintiff’s secured debt based on the instant right to collateral security also expired. In the second place, the establishment registration of the instant right to collateral security was based on the forgery of the registration document and a contract with a non-authorized representative, and thus, there is no ground for registration or invalid.

Therefore, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).