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(영문) 서울고등법원 2016.04.07 2014나2022633
근저당권설정등기말소 청구
Text

1. The registration of the transfer of the right to collateral security against the defendant agricultural corporation B, among the lawsuits in this case.

Reasons

1. Basic facts

A. On February 19, 2008, D completed the registration of creation of a mortgage on each of the real estates listed in the separate sheet, owned by the Plaintiff (hereinafter “each of the instant real estates”), with respect to each of the instant real estates listed in the separate sheet, as follows: (a) KRW 2.1 billion with the maximum debt amount; (b) the debtor; and (c) the mortgagee and the mortgagee of the right to collateral security (hereinafter “registration of establishment of

B. Defendant Incorporated Incorporated Company B (hereinafter “Defendant B”) completed each of the instant collateral security registrations (hereinafter “each of the instant collateral security registrations”) on May 15, 2012, under the receipt of No. 19040 as of May 15, 2012, as to each of the instant collateral security interests with respect to Defendant Incorporated Incorporated Company B (hereinafter “Defendant B”).

C. On June 29, 2012, Defendant B filed an application for the auction of real estate title X with the Suwon District Court of Suwon District on each of the instant real estate, and thereafter, Defendant C completed each of the registration of partial transfer of the instant collateral security rights (hereinafter “each of the instant collateral security rights”) on the ground of the partial transfer of the final claim (1 billion won) as of February 12, 2013 as the receipt of No. 5377 of the Suwon District Court’s Ansan District Court’s receipt of each of the instant collateral security registration on February 12, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 9, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Since the registration of the establishment of a mortgage in the name of D on the part of the claim for cancellation of the registration of the establishment of a mortgage in each of the instant units of the instant units of each of the instant units of the instant units of the instant units of the instant units of the establishment is registration of the invalidity of the establishment of a mortgage contract by means of false conspiracy or false conspiracy without the delivery of any money between the Plaintiff and D, the Defendants, who

B. The part concerning the claim for cancellation of the registration of each of the instant collateral security and the part concerning the claim for cancellation of the registration of establishment of each of the instant collateral security rights is without the secured claim.

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