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1. The Defendant may grant the Plaintiff the additional number C and the receipt number set on April 1, 2013 for the motor vehicles listed in the attached list.
Reasons
1. Basic facts
A. The development of smart industry, Co., Ltd., purchased dump trucks listed in the separate sheet (hereinafter referred to as “the instant motor vehicle”) and the said company transferred the instant motor vehicle to E on the condition of the subsequent payment of the instant motor vehicle.
Afterward, E made the instant vehicle name trust with FF Co., Ltd., and completed the ownership transfer registration as F Co., Ltd. (hereinafter “F”) on March 29, 2013 in accordance with the said agreement. On April 1, 2013, E completed the registration of mortgage creation equivalent to KRW 30,000,000 (hereinafter “instant mortgage”).
B. On August 18, 2014, the Plaintiff acquired ownership of the instant automobile, and the Defendant completed the registration of transfer of the instant mortgage on March 16, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings
2. The plaintiff asserts that G had no claim against F Co., Ltd., and registered the instant mortgage. Thus, the instant mortgage is null and void, and the defendant, who is currently a mortgagee, has the duty to cancel the said mortgage.
The Defendant asserts that G was established in order to secure the F Co., Ltd.’s claim amounting to KRW 30,000,000,000, and it was transferred by G on behalf of Hyundai Capital Capital Co., Ltd. and by transfer of the mortgage held by G on behalf of G without knowing the developments leading up to the establishment of the instant mortgage. Therefore, it is difficult for itself to comply with the Plaintiff’s claim for cancellation as it constitutes a bona fide third party.
3. The judgment is a mortgage which only determines the maximum amount of the debt to be secured and for which the determination of the debt is deferred in the future (Article 357(1) of the Civil Act), which is established with the aim of securing a certain range of unspecified claims arising from a continuous transaction relationship in the future.