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(영문) 수원지방법원평택지원 2015.08.13 2014가단46681
근저당권설정등기말소
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall attached to the defendant (Counterclaim plaintiff).

Reasons

1. The parties' assertion

A. (1) The Plaintiff’s assertion (1) as to each of the instant real estates is null and void inasmuch as the establishment registration of a mortgage on each of the instant real estates was completed without any grounds for registration, the Plaintiff, the owner of each of the instant real estates, sought the cancellation of the establishment registration of a mortgage on each of the instant real estates against the Defendant

(2) Even if the establishment registration of each of the instant units was not null and void, since the secured obligation of the establishment registration of each of the instant units was extinguished after the lapse of 10 years from October 19, 2004, the Defendant is obligated to implement the procedure for registration of cancellation of the establishment registration of each of the instant units.

B. (1) On October 5, 2004, the Defendant concluded a sales contract of KRW 252,00,000 for each of the instant real estate with the Plaintiff’s father C, who is the Plaintiff’s agent, and paid the purchase price in full. As to each of the instant real estate, the registration of the establishment of each of the instant real estate was completed instead of the registration of the transfer of ownership, and the registration of the establishment of each of the instant real estate cannot be deemed null and void, and the registration of the establishment of each of the instant real estate cannot be deemed null and void, as a counter-claim, to the Plaintiff,

(2) There was no power to act on behalf of the plaintiff C.

Even if the defendant concluded a sales contract on behalf of the plaintiff in this case on behalf of the plaintiff and made a registration of the establishment of each of the neighboring areas in this case, there are reasonable grounds to believe that the defendant has the power

As such, the expression representation under Article 126 of the Civil Act is established.

In addition, it can be seen that the plaintiff ratified the unauthorized Representation.

2. Determination

A. If the establishment registration of a mortgage was completed on the claim for cancellation of the establishment registration of each of the instant claims for cancellation of the establishment registration of a mortgage on the ground of the Plaintiff’s invalidity, such registration is presumed to be lawful and publicly announced as the state of true right. Therefore, the registration is required.

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