(영문) 제주지방법원 2020.02.14 2019가단3560

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(영문) 제주지방법원 2020.02.14 2019가단3560

근저당권설정등기말소

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1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Fact-finding;

A. The registration of ownership transfer was completed on May 9, 1989 with respect to the land listed in paragraph (2) of the attached Table No. 2 (hereinafter “B”) and the land listed in paragraph (3) of the attached Table No. 3 (hereinafter “A land”), and the registration of ownership transfer was completed in the name of Defendant C, who is the child of the attached Table No. 1 (hereinafter “A building”), with respect to the building listed in paragraph (1) of the attached Table No. 1 (hereinafter “A building”).

B. D on April 3, 2018, KRW 84 million with respect to land, and the debtor D completed the registration of creation of a mortgage near the E Union.

C. D: (2) On May 9, 2018, upon the donation of land to the Plaintiff, D completed the registration of ownership transfer for reasons of sale on May 2, 2018.

D) The Jeju District Court (No. 54461, May 25, 2018) completed the registration of ownership transfer on the land by gift on May 23, 2018.

E. On May 25, 2018, Defendant C completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) based on the contract concluded on May 23, 2018 with the Jeju District Court (No. 52463, May 25, 2018) as to a building (i) as the maximum debt amount of KRW 70,000,000,000 as the obligor C, Defendant C, and the mortgagee B, and completed the registration of ownership transfer based on donation on May 23, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 (including virtual numbers), the purport of the whole pleadings

2. A lawsuit seeking implementation of the procedure for cancellation of registration against a person liable for registration, i.e., a person who loses a right or is not a person who is not a person (title of registration or general successor) in the form indicated in the registry, is illegal against a person who is not a party, and thus, a lawsuit seeking implementation of the procedure for cancellation of registration of cancellation of registration of establishment of a neighboring mortgage is illegal against the person who is not a party.

유사 판례

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