beta
(영문) 서울고등법원 2016.12.23 2015나2065491

근저당권설정등기말소등기절차이행

Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuits, the attached list Nos. 1, 3, 4, and 5 are listed.

Reasons

1. Basic facts

A. The registration of the establishment of a neighboring real estate as indicated in the separate sheet (hereinafter collectively referred to as “each of the instant real estate”), which was owned by the Plaintiff, was completed on September 18, 2002 with respect to each of the instant real estate (hereinafter collectively referred to as “the instant real estate”), as the Taean registry office of the Daejeon District Court, No. 15064, Sept. 18, 2002, which was received on September 15, 2006.

B. The registration of the establishment of a neighboring mortgage under the name C was cancelled on March 9, 201, and thereafter, the registration of the establishment of a neighboring mortgage under the name C was revoked on April 28, 201, and the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) with respect to each of the instant real estate under the name of Daejeon District Court No. 8539, Apr. 28, 201.

On October 6, 2011, the Daejeon District Court's Taean District Court's registration office of registration of the establishment of a neighboring mortgage was completed with the supplementary registration of the transfer of the right to collateral security to the defendant as the mortgagee on the ground of the transfer of the finalized claim on May 12, 2011.

[Ground of recognition] The fact that there is no dispute, Gap evidence No. 1 (which has one numbered without separate indication; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Although Plaintiff 1) C and B did not have any obligation and obligation relationship with the Plaintiff, they arbitrarily forged the Plaintiff’s minutes of the board of directors and completed the registration of the establishment of the establishment of the mortgage of this case in the name of B, and B completed the registration of the establishment of the establishment of the mortgage of this case to the Defendant on the grounds of the transfer of the fixed claim thereafter, the registration of the establishment of the mortgage of this case in the name of B and the registration of the establishment of the mortgage of this case in the name of the Defendant was null and void. 2) In addition, if part of the mortgage was transferred before the secured claim of the right to collateral was determined, the mortgage cannot be transferred to the assignee. C transferred the mortgage to B on February 10, 2011, the secured claim of