Cancellation of Mortgage

The registration of real estate is presumed to have been completed by legitimate cause of registration from the fact that it exists formally, and there is no evidence to acknowledge that the registration of collateral security was completed by the above presumption, and there is no reason to believe that the registration of collateral security was invalid. Thus, the plaintiff's assertion is without merit.

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

The defendant shall implement the procedure for registration of cancellation of the registration of the establishment of a neighboring establishment completed by the Jeonju District Court ○○○ registry office on September 21, 1996 with respect to the real estate stated in the attached list to the plaintiff.

1. Basic facts

The following facts are not disputed between the parties, or may be acknowledged by taking into account each entry in Gap evidence 1 and Eul evidence 1 to 3 (including each number), the whole purport of the pleadings.

A. On September 21, 1996, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter the instant real estate), each registration of creation of a neighboring mortgage (hereinafter the instant collateral registration) stated in the purport of the claim that the mortgagee of the right to collateral security, ○○○, Inc. (hereinafter the Nonparty Company), and the maximum debt amount shall be KRW 120 million, has been completed.

B. On June 22, 1999, in order to collect the amount of national tax in arrears from the non-party company 257,976,730 won, the Defendant seized claims against the plaintiff of the non-party company relating to KRW 12,000,000 against the non-party company's credit claims, and completed the supplementary registration of the transfer of the right to collateral security on March 25, 200.

2. Determination

The plaintiff did not have established the right to collateral security against the non-party company, and did not engage in any transaction with the non-party company. The non-party company's registration of collateral security of this case, which was the non-party company as the right to collateral security, is invalid without any legal ground. Thus, the defendant, who was transferred by additional registration of collateral security, is obligated to cancel the above collateral security registration.

On the other hand, real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally (see, e.g., Supreme Court Decision 95Da42980, Feb. 27, 1996). The above presumption as to the registration of the instant collateral security is followed, and there is no evidence to acknowledge that the above collateral security registration is a registration invalidation. Thus, the Plaintiff’s assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.