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(영문) 의정부지방법원 2008. 06. 11. 선고 2007가합1866 판결
등기공무원의 과실로 실효된 근저당 경정등기 승낙청구[국패]
Title

Request for approval of registration of correction of mortgage invalidated by mistake of a registry official

Summary

Acceptance of registration of change of invalidation and correction of the right to collateral security invalidated by mistake of registration;

Related statutes

Article 63 of the Registration of Real Estate Act

Text

1. With respect to the registration of creation of a collateral security on the ○○○○ and the Republic of Korea (the head of the ○○○○ Tax Office, the person who seized the largest ○○○○○○○○’s shares), the Defendant expressed his/her intention of each acceptance with respect to the registration of creation of a collateral security on the 00 square meters of the 9-102 forest land located in the ○○○○○○○○○○○○ City, the Namyang District Court on July 27, 2001, which was completed under No. 63658, Sept. 22, 2003; and the registration of establishment of a collateral security on the 1653/3699 of the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

2. The costs of lawsuit are assessed against the Defendants.

Purport of claim

In the case of invalidation by a provisional disposition, although the entry value of Eul-gu should be the same as that of Gap-gu and Eul-gu on the registry, as it is registered differently from the entry value of Gap-gu, it is a claim to accept the registration of collateral security correction.

Reasons

On July 27, 2001, the Plaintiff (○○ Bank) was set up a collateral security worth of 65 million won with respect to the entire share of ○○○○ with respect to forests and fields.

In the case of a provisional injunction, Defendant ○○○○, upon winning a favorable judgment in the principal case of a provisional injunction, applied for the cancellation of registration completed after the registration of the provisional injunction on September 22, 2003. The ownership of Kim○○, which was liable for the injunction of the injunction of the injunction of the injunction of the instant case, became null and void as much as the share in the provisional injunction of Kim○○, and eventually, 10219 and 17541 share in Gangnam○○ became null and void as the share in the provisional injunction of Kim○○○, which was transferred Kim○○○, and 17541 shares in Seodae○○○, but the Plaintiff’s collective security, which was established in the entire shares of ○○○○○, was registered as having remaining 619.1 out of the share in the instant case of the Plaintiff’s collective security, and registered differently from the entry

Conclusion

Therefore, it is so decided as per Disposition by citing the reasoning of the plaintiff.

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