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(영문) 서울북부지방법원 2015.02.13 2014가단17814
근저당권설정등기말소
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. As to the real estate listed in the separate list owned by the Plaintiff, Defendant B, October 29, 2013, and Defendant C, on the same day on February 7, 2014, completed the registration of creation of each collateral security right stated in the purport of the claim on the grounds of the collateral security contract. The Plaintiff did not have any place to conclude the respective collateral security contract, and the Plaintiff prepared each of the above collateral security contract, loan contract, loan certificate, loan certificate, receipt, promissory note, etc. using the Plaintiff’s seal impression certificate. D’s seal impression on each of the delegations issued by the Defendants is not a dispute between the parties, or the facts identical to the Plaintiff’s seal impression affixed on each of the delegations issued by the Defendants are either 1, 2, 3-2, 4, 3-4, 4-2, 5, 3, 4-2, 5, 3, 4, 5, 1-4, 14, or 14.

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that since D did not obtain legitimate power of attorney from the plaintiff and stolen the plaintiff's seal imprint, and then concluded each of the above mortgage contracts with the defendants without permission, the above establishment registration of each of the above neighboring mortgages must be cancelled as registration invalidation.

B. In the event that the registration of the establishment of a neighboring mortgage was not based on the owner's direct establishment, but the third party involved in the establishment, even if the mortgagee, etc. claims that the third party is the representative of the owner, the registration of the establishment of a neighboring mortgage is presumed to have been duly made. Therefore, the owner who claims the cancellation of the registration on the ground that the registration is null and void, who was not entitled to represent the third

The third party shall have the burden of proving the invalidity of the documents, such as the forgery of the documents necessary for the registration of the establishment of a neighboring mortgage.

(see, e.g., Supreme Court Decision 98Da56072, Feb. 26, 1999). Welves, Gap evidence 3-3, Gap evidence 4-3, Gap evidence 4-4, Gap evidence 6-1-20, Gap evidence 7-1-10, and Gap evidence 7.

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