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(영문) 부산고등법원 2017.03.30 2016나56649
근저당권설정등기 회복등기 등
Text

1. The part against the defendant in the judgment of the first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. As to the real estate listed in Paragraph (1) of the Attached List No. 1, which was owned by N, the registration of the Busan District Court on September 14, 2009 and the registration of the Busan District Court and No. 40963 on September 14, 2009, the establishment registration of a mortgage (hereinafter “registration of creation of a mortgage of this case No. 1”) consisting of the Plaintiff, the debtor, and the maximum debt amount of KRW 40,000.

(2) On August 24, 201, the registration of cancellation was completed on August 24, 201, by the same registration and receipt No. 53120, and on February 27, 2013, the registration of cancellation was completed on the grounds of sale due to voluntary auction as of the same date under the same registration and receipt No. 9215. (2) The registration of cancellation was completed upon the application for cancellation registration of Defendant M, a certified judicial scrivener who representing the Plaintiff and N, the mortgagee, the mortgagee, and Defendant M, the mortgagee, without verifying the intent of the Plaintiff as to the above cancellation, filed an application for cancellation registration after obtaining the registration certificate only from Defendant J without confirming the intent of the Plaintiff as the mortgagee, and Defendant J did not have obtained the Plaintiff’s consent or approval as to the above cancellation registration.

B. On September 14, 2009, the registration of Busan District Court and the receipt of the registration of the Busan District Court on September 14, 2009, regarding the real estate stated in Paragraph (2) of the Attached List No. 2, which was owned by B, the establishment registration of a neighboring mortgage (hereinafter referred to as the “establishment registration of a neighboring mortgage No. 2”) with a maximum debt amount of KRW 40,000,000, the debtor Qa, and Q

(2) On March 19, 2010, the registration of the Busan District Court and the registration of the cancellation of the registration of the establishment of a neighboring mortgage was completed as of March 19, 2010. On April 11, 2011, the registration of the Defendant C’s future and the registration of the transfer of ownership was completed as of March 24, 201, as of March 24, 2011. The registration of cancellation was completed upon the application for the cancellation registration of K, a certified judicial scrivener representing the Plaintiff and B, who was the mortgagee, who was the mortgagee, as well as the creditor of the establishment of the right to collateral security, as of March 24, 201.

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