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(영문) 의정부지방법원 2017.02.09 2016나7778

근저당권회복등기

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. On May 31, 201, the Defendant concluded a mortgage agreement with the Plaintiff as the maximum debt amount of KRW 200,000,000 with respect to the instant real estate owned by the Defendant, and with the obligor E and the Plaintiff as the mortgagee (hereinafter “mortgage agreement”), and completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a mortgage”) with respect to the instant real estate on June 11, 201, under the receipt of 38600 with respect to the Goyang-gu District District Court’s Goyang-gu Branch Office, 201.

B. The F, upon receipt of E’s order as the Plaintiff’s agent, completed the registration of cancellation of the registration of the establishment of the creation of the neighboring real estate of this case as of August 17, 201, received on August 17, 201, as of August 17, 201, by the same registry office, as of August 17, 201.

C. On October 5, 2011, the Defendant completed the registration of the establishment of the collateral security with respect to the instant real estate as the receipt of No. 74970, Oct. 13, 2011, to C, on the ground that the Defendant concluded the mortgage agreement with the debtor G and the mortgagee C with respect to the instant real estate as the maximum debt amount of KRW 100,000,000,000, and the debtor G and the mortgagee C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the registration of the establishment of the establishment of the Plaintiff’s neighboring mortgage was cancelled unfairly according to F’s application irrespective of the Plaintiff’s intent, the Defendant is obligated to implement the procedure for recovery registration of the establishment of the instant neighboring mortgage to the

B. Since Defendant E obtained a comprehensive power of representation from the Plaintiff to F regarding the cancellation of the registration of the establishment of the creation of the creation of the instant neighboring area, the registration of cancellation of the registration of the establishment of the creation of the instant neighboring area, which was made upon the Plaintiff’s request by F, a legitimate agent, is valid, and thus, the Plaintiff’s claim

3. Determination

A. The registration of the establishment of a neighboring mortgage shall be applied for the registration of the direct cancellation of the mortgage holder.