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(영문) 수원지방법원 2018.10.10 2017가합17538
근저당권말소
Text

1. On March 20, 2017, the Defendant received on March 20, 201 from the Suwon District Court registry office as to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2017, the Plaintiff entered into a mortgage agreement with Nonparty C, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of the establishment of a neighboring mortgage (hereinafter “mortgage”) with the debtor C, the mortgagee of the right to collateral security, and the maximum debt amount of the instant real estate (hereinafter “the registration of the establishment of a neighboring mortgage”) with the Suwon District Court No. 52750, Mar. 15, 2017, which was received on March 15, 2017.

B. On March 20, 2017, the Defendant received the instant collateral security transfer by completing the registration of collateral security (hereinafter “instant collateral security transfer”) on the ground of the transfer of confirmed claim as of March 17, 2017, with the Suwon District Court’s Sungsung District Court’s registration office No. 5251, Mar. 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not have concluded a transfer agreement or a collateral security transfer agreement with the Defendant, and Nonparty D forged the Plaintiff’s seal impression certificate and power of attorney, thereby completing the registration of collateral security transfer of this case to the Defendant. Thus, the instant registration of collateral security is null and void.

Therefore, the defendant is obligated to execute the procedure for cancellation registration of the registration of mortgage transfer of this case.

B. The Defendant’s assertion D purchased the instant real estate from C, and completed the registration of establishment of the instant neighboring mortgage in the name of the Plaintiff, the wife of C, for the remaining payment of the remainder, and the disposal authority of the said right to collateral security was against D. Therefore, the registration of establishment of the instant right to collateral security granted by the Defendant is valid.

3. We examine the judgment of the defendant, even if the defendant's assertion is based on the defendant's assertion, the defendant did not conclude a conclusive claim transfer contract, which was the cause of the registration of the transfer of the right to collateral security, with the plaintiff, and evidence Nos. 4, 7, 8, 11 through 16.

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