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(영문) 인천지방법원 2016.08.26 2015가합5749

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff alleged that the Plaintiff registered the establishment of a neighboring real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant in order to secure the claim of KRW 260,000,000 against Nonparty C, but the Plaintiff received a loan as collateral and repaid KRW 260,000,000 on the part of the Defendant and C. The Plaintiff claimed that the Defendant cancelled the registration of the establishment of a neighboring real estate at the end of the Defendant and C, thereby seeking the implementation of the procedure for the restoration registration of the establishment of a neighboring real estate.

B. According to the reasoning of the judgment of the court below, Gap evidence No. 1 and witness D's testimony and the whole pleadings, the defendant, on March 11, 2008, caused the plaintiff to complete the registration of establishment of a neighboring mortgage (hereinafter "registration of establishment of a neighboring mortgage") which constituted the debtor non-party C and the maximum debt amount of 260,000,000 with respect to the real estate in this case, and the fact that the registration of establishment of a neighboring mortgage was cancelled on September 12, 2013, respectively, on September 12, 2013. However, even if the other evidence submitted in this case were collected from the plaintiff around September 12, 2013, the defendant obtained a loan of the real estate in this case to the plaintiff as a security, thereby deceiving the plaintiff to repay the debt No. 260,000,000,000 won as stated in the above paragraph, and there is no reason to acknowledge that the plaintiff's above assertion was insufficient to recognize otherwise as the registration of establishment.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.