beta
(영문) 서울북부지방법원 2013.09.13 2010가단1507

근저당권부존재 등 확인

Text

1. The plaintiff's lawsuit against the defendant B and the Korea Mutual Savings and Finance Company shall be dismissed;

2. The plaintiff's defendant C and D.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet 2 (hereinafter “instant real estate”) was registered as owned by Defendant B. However, the Seoul Northern District Court’s Seoul Northern District Court’s receipt on April 29, 1986 and the Seoul Northern District Court’s 26775 registry office as the right holder, and the provisional registration of the right to claim the transfer of ownership was completed on the same day’s reservation, and the provisional registration of the right to claim the transfer of ownership was cancelled on May 11, 1987, and again the Seoul Northern District Court’s Northern Branch Branch’s registry office as the right holder was completed on June 19, 1987 by taking the Plaintiff as the right holder and making the registration of the right to claim the transfer of ownership based on the promise to trade on the same day.

B. However, on January 16, 1995, Defendant Hansan Mutual Savings and Finance Company (registration number 124311-000858, registration number 12431-00858, and registration number 16 January 16, 1995, referred to as the “Sacheon Mutual Savings and Finance Company” was registered with respect to the two real estate in this case as to the establishment of the right to collateral security (hereinafter referred to as the “instant right to collateral security”) with the amount of maximum debt amount of 48 million won as the 144.14 March 14, 1986, and the debtor B as to the two real estate in this case, the auction procedure based on the above right to collateral security was conducted with the North Branch Branch Branch of Seoul Northern District Court and the decision to commence the sale of real estate in EF on July 27, 1989 and completed the registration of ownership transfer on February 18, 1993.

C. The above support entrusted the registration of all provisional seizure and the cancellation of the registration of creation of security right after the establishment of the instant collateral security right, which served as the basis for the above auction procedure, and accordingly, the above provisional registration in the name of the Plaintiff was revoked.

Before the filing of the instant lawsuit, the Plaintiff asserted the validity of the registration of the establishment of the instant neighboring mortgage and the discretionary auction procedure based on the aforementioned collateral security, and filed a lawsuit for verifying the ownership of a building with the Seoul Northern District Court 2004Gahap3240, which was sentenced by the said court on April 14, 2005.