beta
Text
1. The defendant on January 5, 2009 with respect to each real estate listed in the separate sheet to the plaintiff.
Reasons
1. Determination as to the cause of claim
(a) The following facts may be acknowledged, either as confessions, or as a whole, by taking account of the respective entries and arguments in Gap evidence 1 to 4 (including paper numbers), and as a whole, without any counter-proof.
1) On February 10, 1982, the Plaintiff is entitled to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).
(2) On January 5, 2009, the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage of this case”) with respect to each of the instant real estate by the Plaintiff’s birth on January 5, 2009, under Article 159 of the Sungwon District Court’s receipt of the Yangyang District Court’s receipt of the registration office, and completed the registration of establishment of a neighboring mortgage of the Plaintiff and the maximum debt amount of KRW 150 million (hereinafter “registration of establishment”).
3. However, the plaintiff does not have any obligation by borrowing money from the defendant with a disability of class 3 with a disability.
Nevertheless, the Defendant obtained a mortgage establishment document from C, the mother of the Plaintiff, under the pretext of managing each of the instant real estate on behalf of the Plaintiff, and completed the registration of the establishment of a mortgage near the instant real estate
B. According to the facts of the above recognition, since the registration of the establishment of the establishment of the mortgage of this case in the name of the defendant was invalid without the secured debt against the plaintiff, the defendant is obligated to cancel the registration of the establishment of the establishment of the mortgage of this case in the name of the defendant.
2. In conclusion, the plaintiff's claim can be accepted, and it is so decided as per Disposition by admitting it.