근저당권설정등기회복등기
1. Defendant B Co., Ltd.: (a) on July 2015, 2015, the Daegu District Court and its racing support for the real estate indicated in the separate sheet.
1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 5:
On April 2, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) consisting of the debtor company, the mortgagee, the maximum debt amount, the maximum debt amount, 30,000,000, on the real estate listed in the separate sheet owned by the Defendant Company (hereinafter “instant real estate”).
B. However, on July 9, 2015, F, the representative of the Defendant Company, forged the power of attorney, etc. in the name of the Plaintiff, and completed the registration of cancellation of the registration of the establishment of the establishment of the nearest establishment in the Daegu District Court No. 45935.
(On the other hand, F was convicted of facts constituting a crime such as forging private documents, uttering of a falsified private document, false entry in the original of a notarial deed, and uttering of a false official electronic record).
As to the instant real estate after the registration of cancellation as above, the Daegu District Court: (a) received on July 30, 2015, and (b) received on July 30, 2015, the registration of ownership transfer under the name of Defendant C (hereinafter “Defendant C”); (c) the registration of ownership transfer under the name of the Intervenor C (hereinafter “Defendant Intervenor”) was completed on July 30, 2015, under Article 50964 of the same Court as the registration of ownership transfer under the same court; (d) the registration of ownership transfer under the name of the Intervenor C (hereinafter “Defendant Intervenor”) was completed on December 2, 2015.
2. Determination
A. According to the above facts of the judgment on the cause of the claim, since the registration of the establishment of a mortgage of this case was illegally cancelled by the power of attorney, etc. in the name of the plaintiff, the registration of cancellation is deemed null and void.
Therefore, at the time of cancelling the registration of the establishment of the neighboring land of this case.