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(영문) 서울고등법원(춘천) 2016.05.04 2015나2435
근저당권말소
Text

1.The judgment of the first instance shall be modified as follows:

Defendant’s KRW 103,342,398 from the Plaintiff and its related thereto.

Reasons

1. Basic facts

A. On July 18, 2011, C borrowed money from the Defendant, and completed the registration of the establishment of a neighboring mortgage as the Defendant with respect to the real estate listed in the [Attachment I] List owned by the Defendant as the collateral (hereinafter “instant real estate”) with the Samcheon District Court No. 8955, Samcheon District Court Decision No. 8955, the maximum debt amount of KRW 20 million, the debtor C, and the mortgagee as the Defendant.

(B) On the other hand, on July 12, 201, on the instant real estate, the registration of the establishment of a neighboring community depository and the maximum debt amount of KRW 290,000,000 (hereinafter “registration of establishment of a neighboring community depository”) was completed.

B. The Plaintiff purchased and completed the registration of ownership transfer on August 5, 2013 while leasing and using the instant real estate from C in KRW 70,000,000,000 from C. In relation to this, a real estate sales contract was prepared in Chapter IV, and the main contents thereof are as follows.

1) As of July 16, 2013, the authenticity of each of the above documents is presumed to have been established, since there is no dispute between the parties that the stamp image attached to the Plaintiff’s name in each of the sales contracts, as of July 16, 2013, is based on the Plaintiff’s seal.

The plaintiff defenses that each of the above documents was forged, but there is no evidence to acknowledge it, and instead, in full view of the entries in Eul evidence No. 4 and the purport of the entire pleadings, it is recognized that the plaintiff filed a complaint against the charge of forging District Court's non-prosecution on March 16, 2015.

The Plaintiff purchased the instant real estate in KRW 500 million, and the down payment of KRW 70 million shall be substituted by the existing lease deposit, and the remainder of KRW 430 million shall be acquired by taking over the obligation of collateral security of community credit cooperatives with a total of KRW 230 million, and KRW 100 million until December 31, 2013, and KRW 100,000 until July 31, 2014.

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