beta
(영문) 대전지방법원홍성지원 2014.11.13 2013가합390

근저당권말소

Text

1. Defendant C shall pay to the Plaintiff KRW 20,000,000.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On May 15, 2009, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the registration of creation of a neighboring mortgage indicated in the purport of the claim made by the Plaintiff C and the Defendant B (hereinafter “registration of creation of a neighboring mortgage”) was completed on May 15, 2009.

B. On January 31, 2013, Defendant C prepared and rendered the loan certificate of KRW 300 million (hereinafter “instant loan certificate”) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 3, the purport of the whole pleadings

2. Claim against the defendant B

A. The Plaintiff’s assertion 1) The actual obligor of KRW 300 million that Defendant B lent to the Plaintiff is the Defendant C, the Defendants conspired with the Plaintiff to provide a loan certificate and a written mortgage contract as if the Plaintiff was the debtor of the Defendant, the Plaintiff’s certificate of personal seal impression issued before the day of the instant mortgage contract was issued by the Defendant C, the Plaintiff did not leave the Plaintiff’s seal and identification card to the Defendant C for a period of absence in Korea, and concealed them at a place that is not inside the house the Defendant C leased without compensation, and the Defendants’ establishment of the instant mortgage is null and void as the Defendants’ false agreement. (2) In full view of the circumstances such as the fact that the Plaintiff’s seal and identification card were located in Japan, and that there was no seal and identification card, etc. were stored in the Defendant C, and thus, the Defendant C arbitrarily established the instant mortgage without the power delegated by the Plaintiff, and thus, it is not effective as a principal agent.

3. Ultimately, since the registration of establishment of a neighboring mortgage of this case is null and void due to the act of false conspiracy or unauthorized representation, Defendant B is obligated to cancel the registration.

B. In full view of the contents of evidence Nos. 1-1 through 4, Gap evidence Nos. 2, 8, and 10, defendant C shall have the overall purport of the pleadings.