beta
Text
1. The plaintiff's claim is dismissed.
2. On April 20, 2016, this Court rendered a request for a stay of compulsory execution against this Court.
Reasons
1. On December 7, 2011, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff as the Hongcheon District Court, Hongcheon District Court No. 29747, which was received on December 7, 2011, which was KRW 20 million with respect to the Plaintiff and the maximum debt amount.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 7]
2. Judgment on the plaintiff's assertion
A. 1) The plaintiff alleged as non-existence of secured claim 1) although I had a certificate of personal seal impression and a registration right certificate, etc. necessary for the registration of the establishment of a neighboring mortgage, the registration of the establishment of a neighboring mortgage of this case was completed falsely by the defendant in order to keep a mutual relationship with C even though C or the defendant did not have any monetary loan contract with C, so the registration of the establishment of a neighboring mortgage of this case is invalid for lack of secured claim. Therefore, if the registration of the establishment of a neighboring mortgage of this case is completed with respect to a certain real estate, barring any special circumstance, it is presumed that the registration was completed lawfully in the cause and procedure (see, e.g., Supreme Court Decisions 94Da23524, Apr. 28, 1995; 2001Da72029, Feb. 5, 2002). When the establishment of a new mortgage of this case was completed, it is presumed that the registration was lawfully made public in a true state of right and thus, it is reversed.
(2) In light of the above legal principles, the registration of the establishment of a mortgage of this case is presumed to have been completed by legitimate grounds for registration. Thus, the plaintiff who disputes the establishment of a mortgage of this case must prove the grounds for its invalidation. The evidence submitted by the plaintiff alone is alone.