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(영문) 의정부지방법원고양지원 2015.10.08 2014가단56570

근저당권말소

Text

1. On August 201, 201, the Defendant filed a senior registry office with respect to the real estate stated in the attached Form with respect to the Plaintiff.

Reasons

Facts of recognition

The former husband C obtained a loan of KRW 4.1 billion from a new bank in the name of the Defendant as an individual business operator in order to use it as the facility fund of D Co., Ltd. and E Co., Ltd. on November 30, 2006, and then withdrawn KRW 710 million out of the above loan on December 27, 2006, and used it for personal purposes such as stock investment.

(2) On July 18, 2011, upon the occurrence of the embezzlement of this case, C: (a) around July 18, 201, upon the occurrence of the embezzlement of this case, (b) stated to the Defendant a certificate of borrowing KRW 710,00,000 and the amount equivalent to the interest on the embezzlement of this case; (c) affixed the Plaintiff’s seal imprint to the Plaintiff’s name and deliver it to the Defendant (Evidence 3); and (d) as to the real estate owned by the Plaintiff (hereinafter “the instant real estate”), the document concluding a mortgage agreement (Evidence 4) with the maximum debt amount as to the real estate owned by the Plaintiff, and the letter of delegation (Evidence 6) with the Plaintiff’s seal imprint affixed to each Plaintiff’s name, and then delivered it to the Defendant along with a certificate of personal seal (Evidence 6) issued by him on behalf of the Plaintiff.

Accordingly, on August 12, 2011, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) under Article 109726, which was received by the Goyang Branch of the Goyang Branch of the District Court for the instant real estate, and withheld criminal complaints against C.

Meanwhile, around May 2012, C did not comply with the installment payment agreement, such as the above loan certificate, and the Defendant filed a complaint with C on October 17, 2012 as the instant embezzlement, and C was detained on May 28, 2013, and on October 28, 2013, the Seoul Southern District Court sentenced C to three years of imprisonment with prison labor as Seoul Southern District Court 2013Gohap191, and the said judgment became final and conclusive on February 15, 2014.

The plaintiff and C shall on June 30, 1981.