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(영문) 창원지방법원진주지원 2016.11.17 2015가단35061

전세권설정등기말소 등

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The real estate listed in the attached list (hereinafter referred to as “instant real estate”) is owned by the Plaintiff.

On September 15, 2014, Defendant B had completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) from August 30, 2014 to August 29, 2016 with respect to the instant real estate.

On September 24, 2014, regarding the registration of creation of chonsegwon of this case, the maximum debt amount of Defendant C was KRW 92,00,000,000, and the registration of establishment of chonsegwon of the debtor D (hereinafter “registration of establishment of chonsegwon of this case”) was completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, and the purport of the entire argument are between the plaintiff and defendant Eul's assertion of the parties concerned. The defendant Eul stolen the plaintiff's certificate of seal impression and his seal imprint, which was in the plaintiff's office, and completed the registration of the establishment of the right to lease on a deposit basis based on forgery of a written contract to lease on a deposit basis with the contents that the person having chonsegwon is the defendant Eul from August 30, 2014 to August 29, 2016. The registration of the right to lease on a deposit basis is null and void. Since the registration of the establishment of the right to lease on a deposit basis of the registration of the establishment of the right to lease on a deposit basis of the invalid right to lease on a deposit basis is also null and void, the defendant Eul has a duty to implement the registration of the establishment of the right to lease on a deposit basis, and the registration of the establishment of the right to lease on a deposit basis of the right to lease on a deposit basis.

As Defendant B’s assertion and Defendant B in collusion, they registered Defendant B as if they were the person having chonsegwon of the instant real estate, and registered the establishment of chonsegwon to borrow money from Defendant C as collateral.

The plaintiff directly detached the certificate of personal seal impression and completed the registration of the establishment of a right to lease on a deposit basis with the defendant B.

Defendant C’s assertion that actually lent money to Defendant C, and completed the registration of establishment of the right to lease on a deposit basis, and the objection between the Plaintiff and Defendant B.