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(영문) 대전지방법원천안지원 2015.05.21 2014가단112312
근저당권말소등기 회복등기절차이행청구
Text

1. The Plaintiff:

A. Defendant B shall register each real estate listed in the separate sheet in the Suwon District Court.

Reasons

1. Facts of recognition;

A. On July 5, 2012, Defendant B, the mortgagee of the right to collateral security, and the maximum debt amount (hereinafter “the establishment registration of the right to collateral security”) was completed with respect to the real estate indicated in the attached list, for which the ownership transfer registration has been completed under Defendant B’s name, the establishment registration of the right to collateral security (hereinafter “the establishment registration of the right to collateral security”).

B. Around March 12, 2014, D, the real owner of the real estate listed in the separate sheet, stating that “A shall lend money from E to repay the Plaintiff’s money,” and that for this, the registration of the establishment of the instant neighboring mortgage should be cancelled, and a human form necessary for cancellation of the right to collateral security was issued by the Plaintiff, and the power of attorney and certificate of termination (public letter on the date of registration and the date of preparation) was prepared in the name of the Plaintiff and returned the seal imprint to the Plaintiff on the 18th of the same month.

C. D D is urged by Defendant C to pay its obligations on April 17, 2014.

The registration of the establishment of the mortgage of this case was cancelled by using the registration date and the date of preparation on the certificate of termination of the establishment of the mortgage of this case and the power of attorney.

After the registration of the establishment of a neighboring housing site was cancelled, the registration of Suwon District Court was completed with respect to the real estate indicated in the attached list, and the registration of the establishment of a neighboring housing site was completed on April 17, 2014 by Defendant B, the mortgagee C, the maximum debt amount, 82,209,760.

(e) D. D. D.

The criminal procedure is pending in Suwon District Court Decision 2014No1628, which was charged with the charge of forging and uttering of private documents, public electronic records, false entry and electromagnetic records, etc. due to the act described in paragraph (1).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-9, Gap evidence 12-10, 14-23, and 34, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, this case by D.

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