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(영문) 대구지방법원 2015.11.20 2015나302282
근저당권말소등기의회복등기절차이행청구등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On January 15, 2013, the Suwon District Court rendered a registration of the establishment of each of the real estates indicated in the separate sheet owned by Defendant B (hereinafter “Defendant B”) with respect to each of the real estates listed in the separate sheet owned by Defendant B (hereinafter “each of the instant real estates”), the registration of the establishment of each of the instant real estates owned by the obligor B and the Plaintiff as the maximum debt amount of KRW 180,000,000, and the obligor B and the mortgagee as the Plaintiff (hereinafter “registration of the establishment of each of the instant real estates”).

B. After that, on April 23, 2013, the registration of creation of each of the instant collateral mortgages was revoked on the ground that the registration was revoked on the ground of termination as stipulated by the Head of Suwon District Court No. 62632, supra.

(hereinafter referred to as the “registration of cancellation of the establishment registration of each of the instant establishments”).

After the registration of establishment of each of the instant real estates was cancelled, the provisional registration of the right to claim ownership transfer in the name of Defendant KNC Co., Ltd. (hereinafter “Defendant KNC”), which was based on the pre-sale agreement on August 9, 2013, was completed as of August 13, 2013, and the provisional registration of the right to claim ownership transfer in the name of Defendant KNC Co., Ltd. (hereinafter “Defendant KNC”), ② on December 10, 2013, under Article 187427 of the receipt of the above registration office, the attachment registration was completed in the name of Defendant Republic of Korea (Seoul Daegu Tax Office), respectively.

[Ground of recognition] Facts without dispute, Gap evidence No. 4 (including paper numbers, hereinafter the same as the same), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s registration of cancellation of the registration of the establishment of the establishment of the creation of a neighboring mortgage in the instant case, which was the representative director at the time of Defendant B’s assertion, was in custody of the registration information and the notice of completion of the registration, and each of the instant registration was forged as if the Plaintiff were delegated by the Plaintiff without any delegation from the Plaintiff on the cancellation of the registration of the establishment of the establishment of a neighboring mortgage in the instant case, and was submitted to the public official in charge of the registry office the forged power of attorney and the certificate of termination written based on such delegation.

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