(영문) 광주지방법원 2015.12.18 2015나4630 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2015.12.18 2015나4630

저당권말소등기

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1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company in which the Korea Deposit Insurance Corporation receives and collects non-performing loans provided by insured financial institutions.

B. On October 12, 1996, the Heung Credit Union lent KRW 15,00,000 to Nonparty F, and Nonparty G and the Deceased B (hereinafter “B”) jointly and severally guaranteed the F’s obligation.

C.F did not pay the loan amount of KRW 14,95,316 as of June 30, 2002 and KRW 16,544,870 as of June 29, 2002.

He went bankrupt, and on June 29, 2002, H transferred his claims against F, G and B to the Plaintiff, and notified it to B on September 24, 2002.

E. On January 21, 1998, B completed the registration of the instant right to collateral security with respect to each of the instant real estate as the maximum debt amount of KRW 50,000,000, and the mortgagee A, and completed the registration of the instant right to collateral security with respect to the instant real estate No. 1.

F. B died on February 28, 199, and currently the inheritors indicated in the annexed sheet are co-owned by inheritance of each of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) B completed the registration of the instant right to collateral security and the registration of superficies to the Defendant without any actual debt in order to evade the obligation against the interesting credit union, and thus, the registration of the instant right to collateral security and the registration of superficies is null and void by means of a false declaration of agreement. 2) Even if the registration of the instant right to collateral security and the registration of superficies are not null and void, the claim secured by the instant right to collateral

3. Therefore, the defendant is obligated to cancel the registration of the right to collateral security and the registration of superficies for the deceased's heir. Thus, the plaintiff is the defendant on behalf of the heir of B.

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