(심리불속행) 피담보채권이 존재하지 아니하는 이 사건 근저당권설정등기는 원인무효의 등기임[국패]
Seoul Central District Court-2015-Na61650 ( October 20, 2016)
(A) The registration of establishment of a mortgage of the instant case where the secured claim does not exist shall be filed for the invalidity of the cause.
(Summary of the court below) The registration of creation of a mortgage of this case where there is no secured claim constitutes registration of invalidity of cause, and the creditor seeks cancellation of registration based on the creditor's subrogation right, so the mortgagee should express his/her consent to the registration of cancellation of the registration of establishment of a mortgage of neighboring area.
Article 30 of the National Tax Collection Act Revocation of Fraudulent Act
All appeals are dismissed.
The costs of appeal are assessed against the Defendants.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by