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(영문) 서울중앙지방법원 2017.11.30 2016가합15568
근저당권설정등기말소
Text

1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. The defendant takeover intervenor is listed in the attached list in the plaintiff.

Reasons

1. Basic facts

A. In around 2012, the Plaintiff: (a) sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to C; and (b) provided the instant real estate as a security, and (c) allowed C to obtain a loan and utilize the instant real estate as business funds.

B. The instant real estate had difficulties in selling the instant real estate or setting up a security, as land in the area designated as an urban facility park, military protection area, etc. under the Urban Planning Act, the development activities of which are limited.

C. On March 2014, C delegated the Defendant with the authority to arrange and arrange the sale of the instant real estate.

However, on April 18, 2014, the Defendant borrowed KRW 50 million from D directly without obtaining a separate permission from the Plaintiff or C, and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) that became the Defendant for the instant real estate by using a certificate of the personal seal impression, etc. issued from the Plaintiff in the name of the Plaintiff, the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a first priority priority”) with the Seoul Central District Court’s receipt under Article 89694. On the same day, the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) with the same registry office as the registration office

(B) On November 21, 2014, E again, the supplementary registration of the right to collateral security was completed as of November 21, 2014, No. 269808 of the same registry office.

In addition, on May 15, 2014, the Defendant borrowed KRW 300 million from F without obtaining a separate permission from the Plaintiff or C, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) against the instant real estate using the Plaintiff’s certificate of personal seal impression, etc. as the receipt by the same registry office.

F. Since then, the plaintiff and C who became aware of the above facts and the defendant set forth in C.

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