Since it is a registration of forgery of a document without the consent of the plaintiff, the right to collateral security which is subsequently attached must give consent to recovery.

Since the registration of cancellation of forged collateral security without consent of the plaintiff is a legal invalidation registration, the defendants who seized or provisionally seized real estate after the above cancellation registration have a duty to express their consent on the restoration registration of the collateral security.

2011Gahap18584 Registration for cancellation of ownership

CHAPTER A

Suwon-si, Suwon-si and two others

March 22, 2012

April 5, 2012

1. The Defendants expressed their intent of each acceptance on the registration of the restoration of the establishment of neighboring mortgage completed under No. 15573, Feb. 24, 2010 by the same registry office, which was registered as of March 19, 2010 by the Suwon District Court, Suwon District Court, O 00, 330.2m2, Suwon-si, Suwon District Court, O O 200, 330.2m2, Suwon-si.

2. The costs of lawsuit are assessed against the Defendants.

The same shall apply to the order.

1. Basic facts

A. DD Construction Co., Ltd. (hereinafter referred to as "D Construction") borrowed 00 won from the Plaintiff on September 25, 2008 and completed the registration of the establishment of a neighboring OO-dong 000 land in Suwon-si in order to secure it.

B. After that, upon the Plaintiff’s request for the provision of additional security, D Construction completed on February 24, 2010 the registration of creation of a collateral on the land indicated in the order owned by the largestG, the representative director of DD Construction, as the Plaintiff requested for the cancellation of the registration of creation of a collateral on the land indicated in the order owned by DD Construction, with a maximum claim amount of 00,00, the Plaintiff did not comply therewith.

C. On March 19, 2010, the Plaintiff completed the registration of the establishment of the instant root, and the Plaintiff did not deliver the certificate of the right to registration to the Plaintiff and forged the documents necessary for the application for registration of cancellation, such as the power of delegation in the Plaintiff’s name, and submitted the above forged documents and the certificate of the right to registration, thereby cancelling the registration of the establishment of the instant root.

[Ground of recognition] Defendant Suwon-si, Republic of Korea: The absence of dispute, Gap evidence 1, Gap evidence 9-2, 3, 4, and 5, and the purport of the whole pleadings

HHHDC: Article 257(1) of the Civil Procedure Act (Non- Pleadings)

2. Determination

According to the above facts, the registration of cancellation of the establishment of a mortgage of this case was completed without any legal cause, and thus, the registration of cancellation of the establishment of a mortgage of this case was null and void because the registration of cancellation of the establishment of a mortgage of this case was made without the plaintiff's consent and without the plaintiff's consent, and the person who made the seizure or provisional seizure after the cancellation of the establishment registration of a mortgage of this case was made illegal after the cancellation of the establishment registration of the neighboring mortgage of this case was obligated to give consent necessary for the procedure of recovery registration of the right holder of the right to collateral security without asking's good faith and bad faith as a third party in the procedure of recovery registration of the establishment registration of the neighboring mortgage of this case. Thus, the defendants who seized or provisionally seized each of the real estate of this case after the cancellation registration of the above cancellation was obligated to express their consent.

3. Conclusion

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted, and it is so decided as per Disposition.