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(영문) 부산지방법원 2019.11.21 2018가단4815
근저당권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Each real estate listed in the separate list of facts is owned C, and the joint collateral is set up by the Busan District Court, Busan District Court, the Busan District Court, the Busan District Court of Law No. 8959, Feb. 22, 2013, based on the contract to establish a contract on February 21, 2013.

【Ground for Recognition: Unsatisfy, A evidence 1】

2. The Plaintiff’s claim as to collateral security is the Plaintiff’s loan claim against C.

Therefore, the actual mortgagee is the plaintiff.

The reason why one of the right holders of the right to collateral security was the title trust of the Plaintiff.

Therefore, the defendant should transfer the right to collateral security to the plaintiff as stated in the purport of the claim.

3. If the establishment registration of a neighboring mortgage has been completed, the registered titleholder shall be presumed to be the mortgagee who acquired the right to collateral security by legitimate grounds for registration.

Inasmuch as it is insufficient to recognize the Plaintiff’s assertion to reverse the presumption of registration even after examining all the evidence submitted by the Plaintiff, the Plaintiff’s assertion is without merit without further examination.

4. The plaintiff's claim for conclusion is without merit.

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