근저당권말소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 25, 2014, the Ulsan District Court, the Ulsan District Court (Seoul District Court) completed the registration of the creation of a collateral security (hereinafter “mortgage”) with respect to each real estate listed in the separate list of facts (hereinafter “each of the instant real estate”) with regard to the establishment of a collateral security (hereinafter “registration of creation of a collateral security”) with the amount of KRW 750,000,000 for the mortgagee, the debtor, the maximum debt amount, KRW 750,000,000.
[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2, and 3
2. The parties' assertion
A. C, which had been the former representative director of the Plaintiff’s assertion, did not borrow money from the Defendant, but was the actual representative director of D and Nonparty E without the consent of Nonparty E, and completed the registration of establishment of a mortgage of this case to the Defendant.
Therefore, the registration of the establishment of a neighboring mortgage of this case is the establishment of a mortgage that does not exist, and should be cancelled.
B. The defendant's assertion that the defendant set up the instant right to collateral security in order to lend KRW 600 million to the plaintiff and secure the above loan claims, and did not receive the above loan, so the plaintiff's claim cannot be complied with.
3. Determination
A. In the event that the registration of the establishment of a neighboring mortgage was completed, the registration is deemed to have been lawful and deemed to have publicly announced the state of true rights, and thus, the party asserting that the registration was unlawful is responsible to prove the opposing facts to reverse the presumption power (see, e.g., Supreme Court Decision 2000Da72763, Apr. 10, 201). However, the presumption power at the registration of the establishment of a neighboring mortgage is presumed to have been duly made by the registrant of the registered property or by lawfully acquiring the right to collateral or meeting the effective requirements in the process of the contract establishing a collateral, and also the establishment or existence of the secured claim secured by the right to collateral.