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(영문) 전주지방법원정읍지원 2017.05.11 2015가단11692
근저당권말소
Text

1. The defendant shall be the plaintiff.

(a)with respect to each real estate listed in separate sheet 1 and 2, the Jeonju District Court shall be supported by the Eup.

Reasons

1. Basic facts

A. On November 30, 2012, the Plaintiff, a medical corporation prescribed under the Medical Service Act, concluded, without permission of the competent authority, a superficies contract with the Defendant as the Defendant and the Plaintiff’s basic property, with respect to each real estate indicated in the separate sheet Nos. 1 and 2, the maximum debt amount of which is KRW 1,04,00,000,00,000,000, and with respect to the establishment of a superficies agreement with the Defendant as the Defendant, Nonparty B and the mortgagee, the entire duration and duration of the land, 30 years from November 30, 2012, and 30 years from the duration of the land, and superficies agreement with the superficies holder as the Defendant (hereinafter collectively referred to as “the instant first agreement”). On November 30, 2012, the Plaintiff completed the registration of the establishment of superficies under the name of the Defendant (hereinafter referred to as “registration of the creation of superficies”).

B. On January 4, 2013, the Plaintiff entered into a contract with the Defendant to add the real estate listed in paragraph (3) of the attached Table No. 3 as the joint collateral of the above collateral security (hereinafter “instant contract”). The Plaintiff completed the registration of the establishment of a neighboring mortgage in the name of the Defendant as the receipt of the foregoing No. 230 on January 4, 2013.

(hereinafter) The fact that there is no dispute over the registration of creation of a mortgage in the vicinity of the above paragraph (a) and the registration of creation of a mortgage in the vicinity of each of the above paragraph (hereinafter referred to as "registration of creation of a mortgage in the instant case"). The entries in the evidence Nos. 1 and 2 (including each number,

2. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit by a person who has no power of attorney, since the defendant's judgment on this safety defense is not the plaintiff's attorney's letter of delegation of lawsuit but the medical corporation C is not the

However, in full view of the address and representative of the delegating person’s written delegation of the lawsuit, and the “Plaintiff” in the delegation of the lawsuit refers to the Plaintiff’s name, the “Medical Corporation C” appears to be a simple clerical error.

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