logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.02 2014가단12253
근저당권설정등기말소회복등기
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is the Daejeon District Court’s Boli-si registry office with respect to the size of 810 square meters per Boli-si D.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 7, 2011, the Daejeon District Court Order, 22554, which was received on November 7, 201, concluded that the establishment registration of a collateral security (hereinafter “instant collateral security”) was completed on the real estate indicated in the text of the Defendant’s ownership of the mortgage (hereinafter “instant real estate”) and the establishment registration of a collateral security (hereinafter “instant collateral security”) with regard to the maximum debt amount as KRW 65,000,000 on the ground of a contract establishing a mortgage as of November 4, 2011.

B. On February 1, 2013, the Daejeon District Court’s Bohyeong registry office, which was received on February 1, 2013, and registered cancellation on the ground of termination as of January 31, 2013.

(hereinafter “Registration of cancellation of the instant mortgage”). C.

On January 22, 2013, before E’s death and inheritance relationship, E had already died on January 22, 2013, and the Plaintiff is a legal heir as E’s child.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the main claim

A. We examine the judgment on the cause of the claim, and there is no room for recognizing the presumption of registration as the registration invalidation of the cause of the registration made by the application for registration in the name of the deceased, and according to the facts acknowledged earlier, the registration of cancellation of the right to collateral security of this case filed after the death of this case shall be the registration invalidation of cause unless there are special circumstances. Therefore, the defendant is obliged to recover the right to collateral security of this case cancelled by the registration

B. As to the Defendant’s assertion, the Defendant asserted that the instant right to collateral security has been completed in the future E under an agreement with E in order to prepare for preservative measures, etc. from construction companies in dispute with him/her, and that the instant right to collateral security has no obligation to collateral security, and that E has all the authority over the cancellation of the instant right to collateral security.

arrow