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Reasons
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(영문) 춘천지방법원강릉지원 2014.09.25 2014가단1900
근저당권말소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion is the cause of the instant claim. The Plaintiff is the owner of each of the instant real property, and the Plaintiff did not provide each of the instant real property to the Defendant as security, and the registration of establishment of a superficies has been completed, such as the registration of establishment of a neighboring mortgage and the registration of establishment of a superficies, as stated in the purport of the claim.

2. Determination

A. Where the registration of the establishment of a neighboring mortgage or the registration of the establishment of a superficies has been completed with respect to real estate, the nominal owner of the registration is presumed to have established the right to collateral or superficies with respect to the owner, as well as to the third party, through legitimate grounds and procedures, and thus, the grounds for the invalidation should be asserted in the disputing part.

(See Supreme Court Decision 97Da2993 delivered on June 24, 1997, etc.). B.

In light of the above legal principles, the evidence submitted by the Plaintiff alone is insufficient to recognize that the registration of the establishment of a mortgage or the registration of the creation of a superficies was null and void. In addition, there is no other evidence to acknowledge otherwise, as well as the overall purport of the arguments in Gap 2, 7, 12, 22, and 23, Eul 1-1 through 3, Eul 2 through 4, and Eul 5-1 through 3 of evidence Nos. 5 (No. 5-3 of the evidence is presumed to have been authentic due to the lack of dispute over the Plaintiff’s stamp image part), the Plaintiff sold each of the instant real estate to Nonparty C at KRW 284,00,000 on January 21, 201, the non-party C borrowed KRW 120,000 from the Defendant on January 24, 201, and paid KRW 300,000,000 from each of the above real estate under the title of each of the collateral security contracts to the Plaintiff.

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