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(영문) 부산지방법원 2017.05.18 2016가단50258
근저당권설정등기회복등기절차이행등
Text

1. The plaintiff

A. Defendant B Co., Ltd. shall provide Daegu District Court racing support for the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 13, 2014, the Plaintiff lent KRW 100 million to Defendant B Co., Ltd. (hereinafter referred to as “B”), and on the security of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) owned by Defendant B on May 28, 2014, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter referred to as “the registration of creation of a neighboring mortgage”) listed in the order.

B. On July 9, 2015, the representative F of Defendant B forged relevant documents, such as the Plaintiff’s power of attorney, and completed the registration of transfer of ownership regarding the instant real estate to G (H) on July 30, 2015 after completing the registration of cancellation of the entry in the order with respect to the registration of establishment of the instant neighboring mortgage.

C. Since then, the defendant C, D, E, the Daisan National Livestock Industry Cooperatives (hereinafter referred to as the "Masan National Livestock Industry Cooperatives") and the school juristic person and Dong National University (hereinafter referred to as the "Dong National University") have completed the registration of the real estate of this case as follows:

1) On July 30, 2015, Defendant C completed the registration of ownership transfer on December 2, 2015. The Defendant C completed the registration of ownership transfer on December 2, 2015.

3) On January 25, 2016, Defendant Dong-dong University completed the registration of establishment of a right to lease on a deposit basis (right to lease on a deposit basis) on a deposit basis. (4) Defendant D completed the registration of provisional attachment (right to lease on a deposit basis) on March 22, 2016, causing KRW 150 million of the claimed amount.

5) Defendant E completed the registration of provisional seizure on March 29, 2016, which caused KRW 150,000,000 as claimed on March 29, 2016. [The grounds for recognition] Defendant C, D, and E: The absence of dispute; the overall purport of pleadings; the purport of the entire arguments; Defendant B, C, C, C, C, and C: Confession (the main text of Article 150(3) of the Civil Procedure Act).

2. Determination

A. According to the facts of the judgment on the cause of the claim, since the cancellation registration of the registration of the establishment of the creation of the creation of the nearest mortgage in the Plaintiff’s name is invalid on the basis of forged documents, the registration is invalid, and Defendant B, who is the title holder of the instant real estate at the time of the above cancellation registration, is the person responsible

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