근저당권말소회복등기 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each part of Gap evidence Nos. 1, 2, 6 through 14, and 17, witness E and J.
On Aug. 13, 2008, the Plaintiff lent KRW 153,000,000 to E on Oct. 21, 2008, and on Oct. 22, 2008, B and L completed on Oct. 22, 2008, registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with a maximum debt amount of KRW 350,00,000 on each real estate listed in the separate sheet (hereinafter “instant real estate”) as security for the said loan claim.
B. After that, around September 18, 2009, E forged the power of attorney in the name of the Plaintiff necessary for the cancellation of the registration of the establishment of the creation of the creation of the neighboring district of this case, and subsequently cancelled the registration of the establishment of the creation of the neighboring district of Cheongju through the certified judicial scrivener office which may know of the fact.
C. Following the cancellation of the registration of the establishment of a neighboring real estate of this case, the registration of the establishment of a neighboring real estate of this case was completed on October 16, 2012 on the ground of sale as of October 16, 2012, and on November 8, 2012. On the same day, the Defendant completed the registration of the establishment of a neighboring real estate to the debtor D, the maximum debt amount of KRW 416,00,000, and the mortgage holder as the defendant.
2. According to the facts of the judgment on the cause of the claim, the registration of cancellation of the registration of the establishment of the establishment of the neighboring real estate of this case shall be restored to the registration of invalidity of the cause without authority under E, and the defendant is a third party who has an interest in the registration of the establishment of the establishment of the neighboring real estate of this case 1 and 2 after the registration of cancellation was completed and has an obligation to express his/her consent
3. Judgment on the defendant's assertion
A. First, the Defendant, with the consent of the Plaintiff, was cancelled or ratified at least after cancellation.