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(영문) 대전지방법원 2019.01.09 2018가합102038

근저당권말소

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

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

Reasons

Basic Facts

On April 10, 2014, the Defendant completed the registration of creation of a superficies for the duration of 30 years (hereinafter “registration of creation of superficies”) with respect to the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). The Defendant completed the registration of creation of a superficies for the duration of 30 years (hereinafter “registration of creation of superficies”) by the Daejeon District Court’s Sejong District Court No. 15613, Apr. 10, 2014, as the obligor C and the maximum debt amount of KRW 588,000,000 (hereinafter “registration of creation of a superficies”).

D Partnership completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage in the name of D Association”) of the debtor C and the maximum debt amount of KRW 535 million, as of April 10, 2014, No. 15697, which was received on April 10, 2014.

[Ground of recognition] The Plaintiff’s summary of the Plaintiff’s assertion as to the purport of the entire argument by the parties to the argument, E, on March 28, 2014, requested on the Plaintiff’s director that “as to the real estate additionally purchased, the Plaintiff’s director shall entrust the Plaintiff’s name to the certified judicial scrivener office with a seal imprint and a certificate of personal seal impression needed to complete the registration under the Plaintiff’s name,” and then the Plaintiff’s director agrees to provide the instant real estate as security for obligations under a loan agreement under the name C, her husband, using a seal imprint and a certificate of personal seal impression attached to the Plaintiff’s director (hereinafter “the minutes of the board of directors of the instant case”), forged the minutes of the board of directors (hereinafter “the minutes of the board of directors”), and completed the establishment registration of the instant mortgage, superficies creation

The act of E constitutes abuse of power of representation and constitutes an act of breach of trust against the plaintiff. Since the defendant knew or was unaware of the forged minutes of the board of directors of this case, the contract to establish a mortgage and the contract to establish a superficies between the plaintiff and the defendant is invalid.