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(영문) 서울북부지방법원 2018.05.25 2017가단25045
근저당권설정등기의 말소등기 승낙
Text

1. The defendant received on May 6, 2004 from the Seoul Northern District Court's Dobong registry office with respect to the real estate stated in the list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed money from the offline B, and as to the real estate recorded in the separate sheet in the name of the Plaintiff’s husband C (hereinafter “the instant real estate”), the registration of creation of a mortgage (45,000,000) was completed on May 6, 2004 by the Dobong-gu District Court of Seoul Northern District No. 36587, the registration office of the establishment of a mortgage for the maximum debt amount of 45,00,000, but B did not lend money to the Plaintiff or C.

B. On February 26, 2008, the Plaintiff completed the registration of ownership transfer on the instant real estate based on donation.

C. On November 1, 2010, the Defendant completed the registration of provisional seizure against collateral security claims in relation to the instant real estate on the following grounds: (a) the Defendant received a decision of provisional seizure against the claim KRW 109,046,575 against B as the preserved right ( Jeju District Court 2010Kahap371); and (b) the registration of provisional seizure against collateral security claims.

On October 7, 2016, the Plaintiff filed a lawsuit against B seeking the cancellation of the registration of the establishment of a neighboring mortgage by the Seoul Northern District Court 2016Kadan18422, and was sentenced to a judgment of non-litigation on October 7, 2016.

[Ground of recognition] Each entry of evidence Nos. 1 and 2, witness B and C, and the purport of the whole pleadings

2. Where a claim bearing a judgment is provisionally seized, the purpose of registering the provisional seizure of the secured claim by means of additional registration in the registration of the establishment of the collateral is to publicly announce the provisional seizure of the secured claim because if the secured claim of the secured claim of the secured security is provisionally seized, the provisional seizure of the secured claim would become effective even in the case of the secured claim of the secured security. If the secured claim of the secured security does not exist, the provisional seizure order shall be null and void, and if the secured claim of the secured security is cancelled, the provisional seizure right holder shall be a third party having an interest in the registration of the secured security, and

(Supreme Court Decision 2003Da70041 Decided May 28, 2004). According to the above facts of recognition, the registration of establishment of creation of the above root shall be the secured claim.

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