Defendant upon transfer of the right to collateral security;

If invalid or non-existent mortgage is transferred, the procedures for registration of cancellation of the registration of establishment of a mortgage should be sought from the current titleholder, and it would not be possible for the transferor of the right to collateral security to seek cancellation of the registration of establishment of a mortgage against the titleholder of the registration before the transfer.

Article 205 of the Civil Procedure Act

67Da482 decided Jun. 13, 1967 (Daadd. 445; Supreme Court Decision 15BDu58 decided Jun. 13, 196; Decision No. 153(1)708 of Registration of Real Estate Act)

Plaintiff

Mine-gun and one other than the Agricultural Cooperatives

Gwangju District Court of the first instance (66Ga1060)

In the judgment of the first instance,

The part against the defendant mine-gun agricultural cooperatives shall be revoked.

The plaintiff's request against the defendant shall be dismissed.

The appeal against the defendant National Agricultural Cooperative Federation shall be dismissed.

The plaintiff and the defendant mine-gun Agricultural Cooperatives Federation shall bear all the costs of appeal and the costs of appeal between the plaintiff and the defendant mine-gun Agricultural Cooperatives Federation.

The original judgment shall be revoked.

As to the 647-2 to 1423 of Gwangju City, the defendant National Agricultural Cooperative Federation will implement the procedure for registration of cancellation of the registration of the right to collateral security on the ground of transfer on January 3, 1963 to the defendant mine-gun Agricultural Cooperative Association No. 49 of the Gwangju District Court, and the defendant mine-gun Agricultural Cooperative Association will implement the procedure for registration of cancellation of the registration of the right to collateral security on the ground of transfer on January 14, 1962 to the plaintiff as prescribed in No. 8,159 of the same court.

All the costs of lawsuit shall be borne by the defendant, etc. in the first and second instances.

First, the plaintiff's claim portion against the defendant Mine-gun Agricultural Cooperative is to be cancelled when the owner of the real estate in a health-based real estate seeks the procedure for registration of cancellation due to the invalidity of the cause of the mortgage or the absence of the mortgage, and if the original invalidation or non-existence mortgage has been registered, the procedure for registration of cancellation of the mortgage registration should be sought against the transferor, and it is not possible to seek the cancellation of the mortgage registration against the registration titleholder prior to the transfer. In this case, in this case, the plaintiff's claim portion against the defendant Mine-gun Agricultural Cooperative, which is not considered as the current mortgagee because the mortgage had already been transferred to the defendant National Agricultural Cooperative Federation, is obvious that it is improper in light of the allegation itself, and thus, it is not dismissed.

Next, we examine the claim portion against the defendant National Agricultural Cooperative Federation. The 647-2 to 1,423 of Gwangju-si, Gwangju-si, is owned by the plaintiff. The fact that the registration of the establishment of a neighboring mortgage and the registration of the transfer have been completed on the same site as shown in the above claim is that there is no dispute between the parties.

The plaintiff is necessary for the non-party 1 to obtain a loan from the plaintiff for the construction of a feed factory in a part of the building site that is located outside the building site of this case on the ground that it is necessary for the plaintiff to obtain a loan from the non-party 1 to a part of the building site of this case, and the above site is divided into 647 and 648-2, 648-4, 647, and 648-7 of the new site of this case, which is not the site of this case, and the above site of the factory is used only for the land of this case, but it is possible for the plaintiff to obtain a loan with the consent of the plaintiff, and the non-party 1 used the above site of this case's land of this case and the above factory site of this case as a pressure at the time of the above application for the registration of division on December 14, 1962 and completed the registration of establishment of a mortgage again to the defendant National Agricultural Cooperative Federation, and therefore, the above registration is made invalid.

Even if the registration of establishment of a mortgage was made lawfully by the plaintiff's intention, the above real estate was owned by the non-party 1's real estate and the factory was jointly secured with the non-party 1's debt amounting to 6,00,000,000 won in aggregate of the principle against the non-party 1's defendant, and the non-party 1's debt amounting to 7,000,000,000,000 won, and the registration of the above mortgage should be cancelled because the non-party 1's debt was finally discharged. Thus, according to the contents of the non-party 3 evidence No. 3 without dispute over the establishment and the purport of the parties' arguments, the above plaintiff's claim that the non-party 1's debt to the non-party 1's defendant was offered as a joint security with other factories, etc., and part of the remaining real estate except for the land of this case was decided as a successful bid on the date of this case's auction, but the plaintiff's remaining entries in Eul's appeal No.

Therefore, the plaintiff's claim against the defendant Mine-gun Agricultural Cooperative shall be dismissed and the claim against the defendant National Agricultural Cooperative Federation shall also be dismissed. However, the court below revoked this part and dismissed the plaintiff's appeal against the defendant Mine-gun Agricultural Cooperative because the plaintiff's appeal against the defendant National Agricultural Cooperative Federation is without merit. As to the costs of appeal between the plaintiff and the defendant Mine-gun Agricultural Cooperative, the total costs incurred between the plaintiff and the defendant Mine-gun Agricultural Cooperative and the costs of appeal between the plaintiff and the defendant National Agricultural Cooperative Federation are assessed against

Judges Kim Yong-dae (Presiding Judge)