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(영문) 서울고등법원 2016.05.26 2015나2058813
부동산소유권이전등기 말소등기등
Text

1. Of the judgment of the first instance court, the part against Defendant E shall be modified as follows:

The plaintiff's lawsuit against the defendant E is serious.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Of the lawsuits against Defendant E, the part on the claim regarding the right to collateral security partially transferred on April 9, 2014, and whether the lawsuit against Defendant F is lawful

A. The supplementary registration by transfer of the right to collateral security is merely a specification in the registry of the succession of the right by transfer of the existing right to collateral security. As such, as long as the registration does not result from the new right, a claim for cancellation of registration by transfer of the right to collateral security is sufficient against the assignee, and the transferor is not qualified for the defendant in the application for cancellation registration. In addition, the supplementary registration by transfer of collateral security is dependent upon the establishment registration by the existing principal registration, and is integrated with the principal registration. In addition, if the obligation against collateral is extinguished or if the establishment registration by transfer of collateral is null and void of the initial cause, the supplementary registration is to be cancelled ex officio by cancellation of the principal registration, even if there is no separate claim for cancellation.

(See Supreme Court Decision 95Da7550 delivered on May 26, 1995, etc.). B.

Judgment

According to the facts acknowledged in Paragraph (1) and No. 1, Eul evidence No. 1-1 of the above facts, the defendant C was awarded 1/2 shares out of the land of this case on July 24, 2003 and completed the registration of ownership transfer on August 21, 2003, and completed the registration of ownership transfer on the above shares. On December 22, 2008, the registration was completed on December 22, 2008 on the registration of establishment of a mortgage over the maximum claim amount of 80 million won with the receipt of 110,1010 shares out of the land of this case to the defendant E, and on April 9, 2014 to the defendant F on April 2814, 2014 with the same registry office as to the above right to collateral security under the name of the principal.

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