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(영문) 부산지방법원 2017.04.25 2016가단50319
근저당권설정등기회복등기절차이행등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be Daegu District Court as to the real estate indicated in the attachment.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant”) from November 8, 2013 to May 15, 2013.

(2) On March 24, 2014, the Defendant Company completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) under the Daegu District Court No. 16004 on the receipt of the support for the racing of Daegu District Court (hereinafter referred to as the “instant real estate”) with respect to the real estate indicated on the attached real estate owned by the Defendant Company (hereinafter referred to as the “instant real estate”).

B.1) On July 6, 2015, the representative E of the Defendant Company forged the Plaintiff’s power of attorney as of July 6, 2015 regarding the cancellation of the registration of creation of each of the instant units of establishment, and cancelled the registration of establishment of the instant units of establishment on July 9, 2015 as of July 9, 2015, and completed the registration of establishment on July 30, 2015, as of July 30, 2015, F (name G before the opening of names) as to racing support No. 50963, Jun. 30, 2096. (2) The F completed the registration of establishment of a joint mortgage of the maximum debt amount of KRW 140 million with respect to the instant real estate, etc. from the Defendant Daisan National Livestock Industry Cooperative as of July 50964.

C. On December 2, 2015, F completed the registration of ownership transfer for Defendant C on the ground of sale on the 1st day of the same month under Article 79027 of the receipt of racing support with respect to the instant real estate, and thereafter, on March 29, 2016, Defendant D’s provisional attachment registration was completed as of March 29, 2016.

[Ground of recognition] As to Defendant D: The entries in Gap evidence 1-1-2, Gap evidence 2-2-5, and Gap evidence 2-5, and the remaining defendants as to the purport of the whole pleadings: The confession (Article 150(3) of the Civil Procedure Act)

2. According to the above facts of recognition, the cancellation of the registration of the establishment of the creation of the neighboring mortgage of this case by E is null and void, and the defendant company, who is the person liable for registration, as the owner of the real estate of this case, is liable for registration at the time of the above cancellation.

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