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(영문) 대전지방법원논산지원 2014.08.21 2013가단4077

근저당권말소회복등기

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1. Defendant B received on September 6, 201, from the Daejeon District Court (Seoul District Court) as to the real estate stated in the attached list to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence Nos. 1, 2, 7, 8, 10, 11, 12, and Eul evidence Nos. 1 and 3:

On June 21, 201, the Plaintiff agreed to provide the Defendant B with a loan of KRW 20,000,000 per annum 50,000 per annum and 42% per annum through his agent.

On June 21, 2011, the Plaintiff remitted the amount of KRW 14,873,860 to Defendant B for the said loan, and the remainder of the loan paid by Defendant B on behalf of the public charges in arrears.

B. In order to secure the above loan claims, the Plaintiff completed the registration of establishment of the right to collateral security (hereinafter “mortgage security”) with respect to the real estate stated in the separate sheet by the Daejeon District Court No. 18187, Jun. 21, 201, under the Act No. 18187, the creation of the right to collateral security (hereinafter “mortgage”).

C. The registration of the establishment of the instant right to collateral security was revoked on September 6, 201, No. 27491, which was received on September 6, 201, for the ground of termination on September 6, 2011.

Defendant Cheongju Savings Bank (hereinafter “Defendant bank”) completed the registration of creation of a collateral security (hereinafter “Defendant Cheongju Savings Bank”) with respect to real estate stated in the separate sheet No. 27491, Sept. 6, 201, which was received on September 6, 2011, the Daejeon District Court rendered the registration of establishment of a collateral security (hereinafter “Defendant Cheongju Savings Bank”).

2. The parties' assertion

A. Defendant B conspired with C without the Plaintiff’s consent and registered the cancellation of the instant registration of the establishment of the right to collateral security. Defendant Bank completed the registration of the establishment of the new establishment of the right to collateral security after the cancellation of the registration of the establishment of the right to collateral security in this case. Therefore, Defendant B is obligated to perform the procedure for the restoration registration of the right to collateral security in this case, which was cancelled, and Defendant B is obligated to express its consent on the above restoration registration.

B. The Defendants’.