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(영문) 청주지방법원 2015.12.23 2012가단21614
근저당권말소
Text

1. The plaintiff's lawsuit concerning the cancellation of the mortgage contract shall be dismissed.

2. Cancellation of the registration of creation of a neighboring mortgage;

Reasons

1. On November 19, 2009, the plaintiff asserts that (1) related documents were forged, and (2) such documents were made by the defendant's deception, and thus, (2) the plaintiff's rejection of the lawsuit is revoked.

On the other hand, the instant lawsuit is not a lawsuit for formation, but a lawsuit seeking the implementation of the procedure for registration of cancellation of the establishment of a neighboring mortgage established pursuant to the above contract. Thus, the Plaintiff’s intent to seek can be ultimately achieved by the implementation of the procedure for registration of cancellation, and it is merely reasonable to regard the ground for cancellation of the above claim for registration of cancellation. Thus, the lawsuit seeking cancellation of the above contract is dismissed as there is no benefit.

2. On July 22, 2009, the facts of recognition were as follows: D, at the time of Cheongju-ju owned by C, intended to purchase from C the amusement facilities of the 6th floor of the petition-gu B steel-frame reinforced concrete structure (refinite concrete structure), D applied to the Defendant Union for a loan of 2 billion won (a loan of 1.3 billion won as security, 4-6 floors as security, 70 million won as security).

However, on October 31, 2007, the Defendant Union refused to grant a loan to the Plaintiff Association upon the existence of the maximum debt amount of 2.1 billion won and the right to collateral security of the mortgagee E.

On August 18, 2009, the representative director F of the Plaintiff made a registration of the right to claim ownership transfer on the whole building of the sixth-story amusement facility including the title C (ownership in de facto D) in the name of F, and agreed to make a principal registration if D fails to pay its debts within the above period, while D, in order to provide a loan of KRW 1.25 million to D, and to receive payment of KRW 1.42 million including the principal and interest of the loan.

After completing the registration of transfer of ownership by the Cheongju District Court No. 100457 of August 18, 2009 with respect to the whole building of the sixth floor amusement facilities, including the above 401, the same month.

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