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(영문) 서울고등법원 2014.06.27 2012나97798
근저당권말소등
Text

1. Revocation of the first instance judgment.

2. The main part of the lawsuit in this case shall be dismissed.

3. Defendant C shall be the Plaintiff.

Reasons

1. The establishment registration of each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) was completed on August 1, 201 with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “the instant real estate”). On August 1, 201, as to Defendant B, debtor D, and maximum debt amount of KRW 390,000,000 (hereinafter “the establishment registration of the instant neighboring mortgage”), the additional registration of each of the registered collateral security transfer (hereinafter “the instant transfer registration”) was completed in Defendant C’s future on the ground that the registration office received the same registry office as of November 8, 2011, as of May 4, 2011.

[Ground for Recognition] Unsatisfy, entry of Gap evidence 1 (including paper numbers; hereinafter the same shall apply)

2. The Plaintiff’s judgment as to the legitimacy of the main claim among the instant lawsuit is based on the primary claim, and the registration of establishment of a mortgage in the instant case was completed pursuant to the contract to establish a mortgage by deception D, and thus, the Plaintiff’s revocation of the said contract to establish a mortgage. Therefore, the registration of establishment of a mortgage in the instant case is invalid. The instant registration of establishment of a mortgage in the instant case is not a bona fide third party who could not oppose the cancellation of the said contract. Thus, the Plaintiff asserted that the registration of establishment of a mortgage in the instant case against Defendant B was invalid. The Plaintiff sought implementation of the procedure to cancel

ex officio, the supplementary registration of the transfer of a right to collateral security is dependent on the registration of the establishment of a right to collateral security, which is the existing principal registration, and is integrated with the principal registration. Therefore, if the obligation to collateral is extinguished, or if the registration of the establishment of a right to collateral security becomes null and void, only the cancellation of the registration of the establishment of a right to collateral security, which is the principal registration, shall be sought, and the supplementary registration shall be cancelled ex officio according to the cancellation of the registration even if it does not separately seek the cancellation. The supplementary registration of the transfer of a right

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