근저당권설정등기의 회복등기 등
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Basic Facts
The instant real estate was owned D, and on April 26, 2010, the selector completed the registration of creation of a mortgage near the debtor D and the maximum debt amount of 70,000,000 won, regarding the instant real estate.
D On August 1, 2011, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties prepared a letter stating that “The instant real estate shall be sold to repay the obligation to be secured by the right to collateral security, and if not, by August 15, 201, the ownership shall be transferred.”
After that, on May 23, 2014, the registration of transfer of ownership was completed on May 14, 2014 in the name of Codefendant B Co-Defendant B Co-Defendant B Co., Ltd. (hereinafter “B”), and on May 28, 2014, the registration of transfer of ownership was cancelled on May 28, 2014.
On the other hand, on July 2, 2014, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) consisting of the debtor B and the maximum debt amount of 37,500,000 regarding the instant real estate.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 3 are stated, the purport of the entire pleadings, the allegations by the parties, and the plaintiff's assertion that the establishment registration of a mortgage of this case was completed to avoid the plaintiff's obligations, in collusion with Eul, the representative director of Eul, and the defendant, so the plaintiff is seeking to cancel the establishment registration of a mortgage of this case against the defendant by subrogation as the creditor of D.
B The registration of ownership transfer of the instant real estate was completed by unlawful means, such as deceiving D and the Plaintiff, and the registration of ownership transfer was cancelled by unlawful means, such as deceiving a certified judicial scrivener who fully repaid the secured obligation, and the judgment of the first instance court that followed the procedure for cancellation of the above ownership transfer registration and followed the procedure for restoration registration of the ownership transfer registration. Thus, the registration of ownership transfer of the instant real estate should be cancelled as a matter of course.