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(영문) 서울중앙지방법원 2017.12.22 2016가단5038989

근저당권말소

Text

1. The defendant shall be the plaintiff.

(a) In respect of the real estate listed in the Appendix 1 List, the Suwon District Court shall be Ansan.

Reasons

1. Basic facts

A. On January 9, 2017, the Plaintiff is the owner of each real estate listed in the separate sheet, and filed a lawsuit for divorce and consolation money against Nonparty B, the spouse of Nonparty B, with the head of Suwon District Court (2016ddan10507), and the conciliation was concluded between the Plaintiff and Nonparty B, as well as the spouse.

B. On September 13, 2013, the Defendant completed the establishment registration of a mortgage of KRW 72,000,000 of the maximum debt amount as to the real estate indicated in the separate sheet No. 1 attached hereto, which was received on September 13, 2013, under Article 93625, and completed the establishment registration of a mortgage of KRW 60,000,000 with respect to the real estate indicated in the separate sheet No. 1 attached hereto, the Suwon District Court of Incheon, the Busan District Court of its branch, the Kimpo-si, the registration office, and the registration of a mortgage of KRW 60,000 with respect to the real estate indicated in the separate sheet No. 1 list No. 1, Dec. 29, 2014. The Defendant completed the establishment registration of a mortgage of KRW 48,00,000 with respect to the attached list No. 64087, Sep. 5, 2015; completed the establishment registration of a mortgage of KRW 600,0000.

(hereinafter referred to as “the establishment registration of each of the instant establishments”) C.

B arbitrarily used the Plaintiff’s seal imprint design, resident registration certificate, the Plaintiff’s certificate of personal seal impression, registration certificate, etc., and completed the registration of the establishment of each of the instant mortgages to the Defendant without the Plaintiff’s permission.

On November 15, 2016, the Plaintiff filed a complaint against B in the form of forgery and uttering of private documents, fraud, etc. on the ground that B voluntarily prepared a written loan agreement and a written contract to establish a mortgage, and B was indicted on November 15, 2016 and was sentenced to one year of imprisonment with prison labor for fraud, fabrication of private documents, or uttering of private documents. The judgment became final and conclusive after the judgment became final and conclusive.

[Grounds for Recognition: Evidence No. 1-1, 2, 4, Evidence No. 9-1 to 10-7, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition B, B.