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(영문) 부산지방법원동부지원 2014.02.13 2013가단777

근저당권말소

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1. On February 2, 2012, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, Busan District Court’s Busan District Court’s Busan District Court.

Reasons

1. Facts of premise;

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate, (1) KRW 200 million was revoked on January 25, 201; (2) on February 2, 2012, the establishment registration of a collateral security (hereinafter “registration of a collateral security”) consisting of the Plaintiff and the debtor as the mortgagee C; and (2) immediately thereafter, the registration of a collateral security (hereinafter “registration of this case”) was completed on February 2, 2012 by the Plaintiff and the Defendant (the subject of all acts conducted in the name of the Defendant in this case is the husband; hereinafter “D”) on February 2, 2012, 200, the maximum debt amount was KRW 150 million, and the registration of a collateral security (hereinafter “registration of this case”) consisting of the Plaintiff and the debtor as the Defendant.

C. After that, on December 20, 2012, the Defendant received a voluntary decision to commence the auction from the Busan District Court upon the instant registration.

The plaintiff asserted that "the defendant and E forged and completed the mortgage contract under the name of the plaintiff and completed the registration of this case by using it," and filed a complaint with the defendant and E for suspicion of forging private documents, uttering of the above investigation documents, and fraudulent entry in the original of the authentic deed."

Accordingly, on March 27, 2013, the prosecution issued a disposition of “Suspension of Witnesses” against the Defendant, “Suspension of Prosecution” against E, and “Suspension of Prosecution” against the Defendant on May 30, 2013, the prosecution issued a disposition of “no suspicion (defluence of evidence)” against the Defendant on the ground that E died on April 19, 2013 and without any evidence of suspicion, and “no prosecution right” against E.

[Ground of recognition] Evidence Nos. 1, 3, 4, Eul evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The summary of the Plaintiff’s assertion (1) The Plaintiff’s assertion (A) completed the transfer collateral registration, and the Plaintiff’s specific reasons therefor.