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(영문) 대전지방법원서산지원 2017.10.18 2016가단53741

근저당권말소회복등기 청구의 소

Text

1. As to the Plaintiff, with respect to the volume of 1,073 square meters prior to Seosan-si E:

A. Defendant B shall register the Seosan Branch of the Daejeon District Court and March 2013.

Reasons

1. Facts of recognition;

A. On June 26, 2003, Defendant B, who completed the registration of ownership transfer on June 26, 2003 with respect to the land of 10,073 square meters prior to Seosan-si (hereinafter “the instant land”), completed the registration of Seosan Branch of the Daejeon District Court on the ground of the contract dated April 3, 2006, and the registration of creation of the right to collateral security (hereinafter “instant mortgage”), the maximum debt amount of KRW 100 million with the debtor as Defendant B, the right to collateral security (hereinafter “instant mortgage”), the right to collateral security (hereinafter “mortgage”), the maximum debt amount of KRW 50 million with the right to collateral security (hereinafter “mortgage”), the right to collateral security and the maximum debt amount of KRW 50 million with the right to collateral security and the right to collateral security (hereinafter “right to collateral security”).

B. The registration of the establishment of a mortgage-mortgage F, G’s establishment of a neighboring mortgage-holder F, and the registration of the establishment of a neighboring mortgage of this case was completed on March 12, 2013 with the registration of Seosan Branch of the Daejeon District Court and the registration of the establishment of a new neighboring mortgage of this case as of March 14, 2013, and with the registration of cancellation was completed on March 14, 2013.

C. On March 14, 2013, each registration of ownership transfer was completed in sequence on June 3, 2014, and on March 22, 2016, Defendant C and D (each co-owned share 1/2).

On November 20, 2015, J, a husband of H and the Plaintiff’s external third village, was sentenced to two years of imprisonment for the following crimes and for the following facts constituting the crime (Seoul District Court Branch Decision 2015No361, 2015No4054, Nov. 20, 201). The court of the appellate trial [Segu District Court Decision 2015No3661, 2015No4 (Merger)] reversed the judgment of the first instance court on the ground that each of the following crimes constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, and maintained guilty of the above facts constituting the crime, and the above judgment became final and conclusive.

① A. Forgery of Private Document: around March 12, 2013, the J forged the power of attorney in the name of the Plaintiff necessary for the cancellation of the instant right to collateral security, even though there was no fact of being delegated any authority by the Plaintiff with respect to the cancellation of the instant right to collateral security by the K Certified Judicial Scriveners Office

(2) Preparation of qualification-based private documents: The J shall present this case from the plaintiff on the same date and at the same place.