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(영문) 수원지방법원 안양지원 2018.07.05 2017가단10211
근저당권설정등기말소
Text

1. The Defendant received on August 13, 2010 from the Suwon District Court for the real estate stated in the attached list to the Plaintiff.

Reasons

1. Grounds for recognition;

A. The Plaintiff is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), and the Defendant is the Plaintiff’s pro-Japanese.

B. The Plaintiff’s husband (her husband) operated the business, and the Plaintiff, as a means to preserve his/her own property, had completed the registration of establishment of the right to collateral security in the name of the Defendant.

C. On August 13, 2010, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW 120,000,000, in accordance with Article 52785, which was received from the Suwon District Court, regarding the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 12, witness E's testimony, purport of whole pleadings

2. According to the judgment on the cause of the claim, the registration of the establishment of the right to collateral security in this case is invalid because there is no secured obligation. Thus, the defendant is obligated to cancel the registration of the establishment of the right to collateral security in this case, which was completed on the real estate in this case, to the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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