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(영문) 서울고등법원 2015.05.15 2014나2036182
근저당권말소
Text

1. The defendant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor accepting the appeal.

purport.

Reasons

Basic Facts

The Plaintiff is the mother of B as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”).

As to the instant real estate on November 15, 2012, the Defendant (ex officio) completed the additional registration of the transfer of the instant right to collateral security on January 24, 2013, on the ground of the transfer of contract from C, the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) of KRW 700 million, the maximum debt amount of which was completed under Article 81206 of the Seoul Southern District Court’s Guro-gu Registry on the same day (hereinafter “instant right to collateral security”).

The Defendant Intervenor completed the supplementary registration of the transfer of the right to collateral security on April 23, 2013, on the ground of the acquisition by transfer of the right to collateral security from the Defendant (ex officio) Han-dong Co., Ltd.

B’s criminal punishment on November 15, 2012, the Plaintiff’s loan b, a loan b, whose name is unknown without authority, shall have B prepare a power of attorney to delegate all acts concerning the Plaintiff’s application for registration of real estate and withdrawal thereof with respect to the instant real estate to B, and shall have B affix a prior certificate of the Plaintiff’s seal impression affixed to his name, thereby forging the power of attorney in his name and thereby completing the registration of the establishment of the instant neighboring real estate on November 15, 2012.

"The above judgment was finalized on September 24, 2013 by sentence of one year of imprisonment at the Seoul Southern District Court (2013 High Court Decision 2324) due to criminal facts.

【Ground of recognition” without dispute, Gap evidence 1-2, Gap evidence 1-2, 18, and 20, and the plaintiff's assertion of the purport of the whole pleadings is null and void by Eul without the authority to represent the plaintiff. Thus, the defendant takeover intervenor is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the neighboring mortgage of this case to the plaintiff.

The instant right to collateral security is effective as established with the consent or involvement of the Plaintiff.

B Without authority, this case.

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