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(영문) 대전고등법원 2015.04.06 2014나1971

근저당권말소 등

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1. All appeals by the Defendants are dismissed.

2. The Intervenor joining the Defendant shall bear the costs of the intervention in the appeal.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendants are each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) between D and D on April 8, 2013.

A) A certified judicial scrivener G entered into a contract with D as collateral and lending KRW 350 million to D. (2) On April 8, 2013, a certified judicial scrivener G submitted an application for registration, certificate of completion, certificate of personal seal in the name of the Plaintiff, copy of the Plaintiff’s resident registration certificate to the ASEAN Branch of the Daejeon District Court, and filed an application for registration of establishment of neighboring mortgages and registration of creation of superficies on the instant real estate.

3) The certificate of completion of registration (No. 3) submitted at the time of the above application for registration was forged, other than the certificate of completion of registration (Evidence No. 6) held by the Plaintiff, and the seller’s back figure is also written differently from the real. The copy of the Plaintiff’s resident registration certificate at that time is also not attached with land transaction permission. The copy of the Plaintiff’s resident registration certificate submitted at that time was copied with a third party’s photograph attached thereto. The Plaintiff’s registration certificate was affixed with a photograph attached to the Plaintiff’s original resident registration certificate, on the photograph attached to the Plaintiff’s resident registration certificate, a third party who assumes the Plaintiff wears the Plaintiff’s salleg and wears it on a forged resident registration certificate, contrary to the above application for registration, he did not wear the Plaintiff’s salleg and took two uniforms on a white line without wearing the Plaintiff, and 1.06 billion won on the date of receipt of the mortgage registration at Daejeon District Court 200 million won on April 8, 2013.