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(영문) 서울중앙지방법원 2018.11.09 2017가합585828

근저당권말소

Text

1. The Defendant received on November 4, 2014 from the Seoul Central District Court with respect to each real estate listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 2, 1996, the Plaintiff acquired the Plaintiff’s ownership of the instant real estate was divided into the real estate listed in paragraph (1) of the attached Table and the real estate listed in paragraph (2) of the attached Table into the real estate listed in paragraph (1) of the attached Table and the real estate listed in paragraph (2) of the attached Table on April 13, 2018.

(hereinafter “instant real estate”) completed the registration of ownership transfer on October 31, 1996 due to the cancellation of title trust.

B. (1) Around 2012, the Plaintiff permitted C to sell the instant real estate or offer the instant real estate as collateral for business funds, and C delegated D with the authority to arrange the sale of the instant real estate and arrange the loan. (2) However, D, without obtaining any separate permission from the Plaintiff or C, directly borrowed KRW 50 million from E on April 18, 2014, using the Plaintiff’s personal seal impression, etc., received from C, and completed the registration of the establishment of the instant real estate with the Seoul Central District Court No. 89694, Apr. 18, 2014, under the Seoul Central District Court No. 89694, the maximum debt amount of KRW 10,000,000,000,000,0000,0000 won, and on the same day, the registration of the establishment of the mortgage was completed to E prior to the Seoul Central District Court No. 8965, Apr. 18, 2014.

Since then, D borrowed KRW 300 million from F on May 15, 2014, and completed the registration of creation of a mortgage with respect to the instant real estate as the Seoul Central District Court No. 108650, May 15, 2014, with the maximum debt amount of KRW 500 million, the debtor D, and the mortgagee F, using the certificate of personal seal impression, etc. under the Plaintiff’s name.

3 D, upon becoming aware of the above facts, received a claim from the Plaintiff and C, additionally "C and the Plaintiff" with respect to the instant real estate, if the right to collateral security amount of KRW 8 billion is completed in the name of D with respect to the instant real estate, promptly arrange to obtain a loan of KRW 3 billion in the next day, and at the same time, each of the above 2 paragraphs are described.