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(영문) 대구지방법원 2015.02.12 2012가단65611

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 13, 2012, regarding the real estate listed in the separate list owned by the Plaintiff (hereinafter “instant real estate”), the fact that B, his/her father and wife, on November 13, 2012, entered into a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant, and was loaned KRW 25 million from the Defendant may be recognized as either there is no dispute between the parties concerned or by taking account of the overall purport of the pleadings as to the real estate stated in the evidence No. 1.

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion that the registration of collateral security should be cancelled as the registration of invalidity because he/she conspireds with B and his/her her her her her her her her her her her her her her her husband and wife with the power to grant the right to represent the plaintiff's passport and issued a certificate of personal seal by misrepresenting the plaintiff's her her her her her her her her her her her her her her her son, forged his/her her her her her her her her her her son and forged his/her her her her her her

B. In the event that the registration of the establishment of a neighboring mortgage was completed on a given real estate, the registrant is presumed to have acquired the registration not only to a third party, but also to a third party, as well as to have acquired the registration by a legitimate reason. Moreover, if the previous registration of the establishment was involved in the disposal of the property by a third party rather than by a direct disposal by the owner, the previous registration of the establishment is presumed to have been completed by a legitimate reason even if the third party is alleged to be the representative of the owner. Therefore, the said registration of the establishment is deemed to have been completed by a legitimate reason. In other words, the third party, who claimed the cancellation of the registration,