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(영문) 광주고등법원(전주) 2015.05.28 2014나3264

근저당권변경등기절차이행청구의 소

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant B completed the registration of ownership transfer as the Jeonju District Court No. 56537, Dec. 13, 2006, with respect to each of the instant apartment units as between husband and wife.

B. On December 11, 2009, Defendant B obtained a loan of KRW 186,00,000 from the National Agricultural Cooperative Federation, and completed the registration of creation of a collateral with respect to the apartment of this case as the maximum debt amount of KRW 223,20,000,00, the debtor, Defendant B, and the National Agricultural Cooperative Federation for the Establishment of a New York District Court under Article 54845. On March 11, 201, Defendant B paid KRW 20,50,000 out of the loan obligations to the National Agricultural Cooperative Federation.

C. On March 11, 2013, Defendant B made a false statement that “Around March 11, 2013, at the office of the Defendant Jeondong Credit Union (hereinafter “Defendant New Union”), Defendant B established the right to collateral security with the maximum debt amount of KRW 223,300,000 to the existing apartment of this case, and the interest rate of KRW 186,00,000 loaned from the National Agricultural Cooperative Federation is too low, and the interest rate of KRW 186,000 to the Defendant New Union is so high as to the Defendant New Union.” The Plaintiff signed the right to collateral security on the apartment of this case at the location of the Defendant New Consultative Co., Ltd., with the knowledge that the right to collateral security was created with the maximum debt amount of KRW 223,20,000 as to the instant apartment, and signed on the loan-related documents, such as a contract to establish the right to collateral security in blank, which was kept there.

Defendant B only consented to the creation of a mortgage with a maximum debt amount of KRW 223,200,000, and did not have consented to the creation of a mortgage with a maximum debt amount of KRW 351,000,000. However, Defendant B, on the basis of c51,20,000, entered the document of a mortgage establishment with a signature of the Plaintiff in blank as KRW 223,20,000 in the amount of the maximum debt amount, and forged the document of a mortgage establishment with a signature of KRW 351,00,000 in the name of the Plaintiff. Defendant C, who is an employee of the Newcomer, was duly formed.