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(영문) 서울서부지방법원 2019.05.30 2018가단212637

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion concerns that the spouse’s net C may borrow money as collateral, each of the real estate indicated in the “Indication of the Attached Real Estate” that the Plaintiff held or owned with ownership by the Plaintiff, and thus, the Plaintiff conspired with the Defendant without borrowing money from the Defendant, thereby completing the registration of the establishment of a mortgage on the said real estate (hereinafter “registration of the establishment of a mortgage on the instant

Therefore, since the registration of the establishment of a new mortgage of this case is null and void as a false declaration of intention that conspired, the defendant is obligated to implement the registration procedure for cancellation of the registration of the establishment.

2. We examine whether the registration of the establishment of a mortgage of the instant case was null and void by a false declaration of intent.

First of all, the argument about the false declaration of intent and the burden of proof that the plaintiff conspired as alleged by the plaintiff are the plaintiff, and each statement in the evidence Nos. 5 and 6 is the fact-finding document prepared by the plaintiff's children, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

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