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(영문) 부산지방법원 2017.09.19 2016가단50296
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 June 10, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) that was owned by Defendant B Co., Ltd. (hereinafter “Defendant B”), with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”), as the maximum debt amount of KRW 50,000,000,000, and the debtor, Defendant B, and the Plaintiff as a mortgagee, with respect to the registration of the establishment of a mortgage (hereinafter “registration of the establishment of a neighboring mortgage”).

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 ownership transfer with respect to the instant real estate to G (H) on July 30, 2015, following the cancellation of the registration of establishment of the establishment of the neighboring area of the instant case by the Daegu District Court No. 46019, July 9, 2015, which was received on July 9, 2015.

C. Since then, the Defendant C, D, E, the Daisan National Livestock Industry Cooperatives (hereinafter referred to as the “Defendant Insan National Livestock Industry Cooperatives”) and the school juristic person and Dong National University (hereinafter referred to as the “Defendant Dong National University”) have completed the registration of the following matters with respect to the instant real estate:

1) On July 30, 2015, the Defendant C completed the registration of the establishment of a neighboring mortgage of KRW 1140,000,000 for the maximum debt amount. (2) Defendant C completed the registration of the transfer of ownership on December 2, 2015.

3) On January 25, 2016, Defendant Dong-dong University completed the registration of the establishment of a right to lease on a deposit basis with a deposit money of KRW 37.5 million. (4) Defendant D completed the registration of provisional seizure of KRW 150 million on March 22, 2016.

5) Defendant E completed the registration of provisional seizure of KRW 150 million on March 29, 2016. [The grounds for recognition] Defendant B, C, the Daisan National Federation, the Dong National University: Defendant D, and E: the fact that there is no dispute between Defendant D and E, and evidence Nos. 1 through 6 (if there is a serial number, including a serial number), the purport of the entire pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the registration of cancellation of the registration of the establishment of the creation of a mortgage in the name of the plaintiff was unlawful on the basis of forged documents, and thus, at the time of the above registration of cancellation.

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