(영문) 전주지방법원남원지원 2016.08.25 2015가합1220

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(영문) 전주지방법원남원지원 2016.08.25 2015가합1220

근저당권말소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of basic recognition;

A. The plaintiff is a company established on June 22, 2007 for the purpose of establishing and operating a sanatorium for older persons, and E is a person who has served as the former representative director of the plaintiff.

B. As to each real estate listed in paragraphs (1) and (2) of the separate sheet to Defendant B, the Plaintiff completed the registration of creation of a mortgage over the debtor E and the maximum debt amount of 25,000,000 won as of October 18, 201, under the title of Articles 7486 of the separate sheet No. 7486, Oct. 18, 201, with respect to each real estate listed in paragraphs (3) through (11) of the separate sheet to Defendant B, the former District Court’s Circuit registry office No. 4380, Jun. 9, 201; with respect to each real estate listed in paragraphs (1) and (2) of the separate sheet No. 4380, Jun. 9, 2011; with respect to each real estate listed in paragraphs (3) through (11) of the separate sheet, the Plaintiff received the registration of creation of mortgage over the debtor, E. 195,000, and 301, 3000,1000.

(2) Each of the following facts: (a) The registration of creation of a new mortgage in the name of the Defendants was deemed to be the “registration of establishment of a new mortgage in the instant case”; and (b) each of the Defendants’ respective collateral mortgages is deemed to be the “registration of establishment of a new mortgage”; and (c) the Defendants’ respective collateral mortgages are deemed to be the “each of the instant collective security claims”; (d) the facts having no dispute; (e)

2. Summary of the plaintiff's assertion

A. All of the instant mortgages did not have a legal act establishing the secured obligation of the right to collateral at the time of its establishment, and there was no secured obligation until now.

Therefore, the establishment registration of each of the preceding units of this case constitutes the registration of invalidity of cause, and all of them should be cancelled.

B. In addition, the registration of the establishment of each of the mortgages that was completed in the future of Defendant B and D is involved.

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