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(영문) 창원지방법원통영지원 2019.03.05 2018가단25785
근저당권말소
Text

1. The Defendant shall accept, on March 13, 2015, the original original district court’s senior registry office with respect to each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. On March 12, 2015, when borrowing KRW 20 million from E, which was the Plaintiff’s decision as to the cause of the claim, C, who operated the lending company “D,” the Plaintiff forged the standard contract for loan transaction under the Plaintiff’s name and the power of delegation for the establishment of the right to collateral security, etc. on March 13, 2015, and on March 13, 2015, on each of the real estate listed in the separate sheet owned by the Plaintiff, the Changwon District Court’s receipt registry office of the maximum debt amount of KRW 16 million (hereinafter “instant establishment registration”). G completed the additional registration of the right to collateral security transfer on July 5, 2016 with respect to the registration of the establishment of the right to collateral security transfer on the ground of the right to collateral security transfer on May 3, 2018, the Defendant included the additional registration number of KRW 1 through 4,780,000 in the separate document.

According to the above facts, the registration of the establishment of a mortgage of this case shall be deemed null and void by the forged registration document. Thus, the defendant is obligated to implement the procedure for cancellation of the registration of the establishment of a mortgage of this case to the plaintiff.

The supplementary registration prior to the right to collateral security is a subsidiary registration of the existing principal registration, which forms a whole of the principal registration, and thus, is extinguished, or when the obligation to collateral security is extinguished or when the establishment registration of the existing principal registration is null and void, it is necessary to cancel the establishment registration of the existing principal registration, and the supplementary registration is cancelled ex officio upon cancellation of the principal registration, even if it is not separately seeking cancellation (see, e.g., Supreme Court Decision 95Da7550, May 26, 1995).

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