(영문) 창원지방법원진주지원 2015.07.16 2014가단10997

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(영문) 창원지방법원진주지원 2015.07.16 2014가단10997

근저당권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on October 17, 2002 in the name of the Plaintiff on September 24, 2002 with respect to each real estate listed in the separate sheet (hereinafter “each land of this case”).

B. On October 9, 2007, D’s representative director entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendants on each of the instant land with the maximum debt amount of 1,040,000,000,000 won, the Plaintiff, the Defendants of the right to collateral security (Defendant B57/100, Defendant C43/100 shares, and Defendant C), and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to each of the instant land on the same day.

C. On the other hand, as to each of the instant lands on May 11, 2010, the provisional registration of the right to claim the transfer of ownership was completed on the same day’s reservation under the name of Dae-dong Co., Ltd., and on August 4, 2014, the registration of transfer of ownership was completed on July 28, 2014 under the name of Dae-dong Co., Ltd. for 1/3 shares out of each of the instant lands.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, and 8 (including paper numbers), and the purport of the whole pleading

2. Judgment on the plaintiff's assertion

A. (1) The Plaintiff asserts that the establishment registration of the mortgage of this case, which is void of the cause, should be cancelled, on the ground that D, who was the representative director of the Plaintiff company, in collusion with the Defendants, did not have any secured debt, entered into the mortgage contract of this case by falsity, and completed the establishment registration of the mortgage of this case.

The Defendants asserted that Defendant B’s total of KRW 410 million from July 11, 2003 to September 4, 2003, Defendant E lends total of KRW 350 million to each Plaintiff from June 10, 2003 to September 23, 2003, and completed the registration of the establishment of the neighboring area of this case to secure the said claim.

(2) Judgment Nos. 1 through 6, Eul 1, 2, 5.

유사 판례

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