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(영문) 수원지방법원안산지원 2015.05.27 2014가단105363

근저당권말소

Text

1. As to the real estate listed in the separate sheet, the Plaintiff:

A. Defendant B is the Suwon District Court’s Ansan Branch on July 16, 2013.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on September 22, 2006 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. Around September 13, 2006, the Plaintiff and D were legally married on January 31, 201. Around July 16, 2013, they borrowed KRW 20,000,000 from Defendant B, and as to the instant real estate owned by the Plaintiff, they borrowed KRW 12,00,000 from Defendant C with respect to the instant real estate, and completed the registration of the establishment of a neighboring mortgage on the instant real estate as stated in Section 1-B of the Disposition, respectively, by borrowing KRW 12,00,000 from Defendant C on September 2, 2013.

(B) The establishment registration of a new collateral security contract of each of the instant cases is deemed to be “the establishment registration of each of the instant mortgages,” and each of the instant mortgages contract is deemed to be “the establishment registration of each of the instant mortgages”).

Defendant C applied for a voluntary auction of the instant real estate to E on March 28, 2014, and rendered a decision of suspension of the said auction by April 23, 2014, from the case of application for suspension of compulsory execution by the court of this case against the said Defendant, Defendant C applied for a voluntary auction of the instant real estate to E in this court.

D In the process of completing the registration of the establishment of a mortgage of each of the instant real estate in the name of the Plaintiff by stealing the Plaintiff’s seal imprint, thereby forging and using an application form for opening an account under the Plaintiff’s name, a certificate of personal seal impression issuance, and a certificate of collateral security contract, and was indicted against the Defendants, who were introduced through F, obtained the instant real estate as collateral and obtained the instant real estate loan by fraudulent means. On December 24, 2014, the Defendant was convicted of this Court as 2014

【Ground of recognition】 The fact that there is no dispute, Gap 1-3, 12, 16, 35, the purport of the whole pleadings

2. The Plaintiff’s assertion that D may borrow a loan by collateraling real estate owned by his/her family even without the consent of the owner. After confirming the loan broker, the Plaintiff’s identification card, seal imprint, and registration certificate are stolen.