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(영문) 수원지방법원여주지원 2015.06.30 2013가단2766
근저당권말소회복
Text

1. The Plaintiff:

A. Defendant B: (a) on August 23, 2012, the Suwon District Court: Suwon District Court; and (b) on August 23, 2012.

Reasons

1. Facts of recognition;

A. On December 22, 2011, the Plaintiff completed the registration of establishment of a neighboring real estate (hereinafter “registration of establishment of a neighboring real estate”) as indicated in the separate sheet, which was owned by Defendant B (hereinafter “instant real estate”) by the Suwon District Court No. 61681, supra, pursuant to the receipt of the transfer registration office of the Suwon District Court.

B. Defendant C and D purchased the instant real estate from Defendant B and completed the registration of transfer of ownership on the ground of sale on August 12, 2012, the Suwon District Court Lee Jong-cheon Registry of 201,00,000, received on August 29, 2012.

C. On August 23, 2012, the registration of creation of a neighboring mortgage of the instant case was cancelled on the ground of termination on August 23, 2012, the Suwon District Court, Dongcheon District Court, Dongcheon Registry, No. 41014, August 23, 2012. This is the fact that E, the secured debtor of the instant right to collateral security, was not delegated by the Plaintiff, but was so forged as if it was delegated by the Plaintiff, and then submitted to the public official in charge of the registry the forged power of attorney and the written application for cancellation of the right to collateral security made on the basis thereof to the public official in charge of the registry.

On August 29, 2012, Defendant C completed the registration of the establishment of a neighboring mortgage on the instant real estate by the Suwon District Court No. 41949 received on August 29, 2012.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the registration of cancellation of the registration of the establishment of the establishment of the collective security right is not based on the intent of the plaintiff, who is not based on the collective security right, and it is the registration of invalidity completed without any legal cause. Thus, at the time of cancellation of the collective security right, Defendant B, the owner of the instant real estate, is obligated to implement the procedure for the registration of the establishment of the establishment of the collective

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