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(영문) 수원지방법원 2019.11.21 2018가단19954
근저당권설정등기말소
Text

1. On February 6, 2018, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Suwon District Court Seosung registry office.

Reasons

Basic Facts

Plaintiff

On February 6, 2018, the Suwon District Court registered the establishment of a mortgage-mortgage C with the mortgagee C as of February 6, 2018 (hereinafter “the establishment of a mortgage-mortgage”).

On February 12, 2018, the registration of establishment of a new mortgage (hereinafter referred to as the “registration of establishment of a new mortgage”) was completed on February 13, 2018 on the ground that the registration of establishment of a new mortgage (hereinafter referred to as the “mortgage”) was completed on February 13, 2018.

[Ground of recognition] The parties' assertion as to Gap evidence Nos. 1 (including each number of documentary evidence; hereinafter the same shall apply) and the parties' assertion as to the purport of the whole pleadings, the plaintiff asserts that the registration of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of creation of the instant neighboring area in this case was made 20 million won from C, and C did not implement it.

In regard to this, the defendant asserts that the registration of the establishment of the mortgage of this case, which was completed by agreement between the plaintiff, C and the defendant 3, is valid, since D representing the plaintiff, completed the registration of the establishment of the mortgage of this case and the registration of the establishment of the mortgage of this case for the purpose of securing the criminal agreement obligation

Judgment

D The fact that the Plaintiff obtained the power of representation from the Plaintiff and completed the registration of establishment of the instant nearby mortgage and the registration of establishment of the instant collateral security in order to secure the Defendant’s criminal liability for the Defendant is insufficient to acknowledge the establishment of the instant collective security right. In full view of the entries in the evidence No. 4, No. 6, No. 7, and No. 8, and the overall purport of the pleadings in the witness testimony, C shall lend KRW 200 million to the Plaintiff, and C shall complete the registration of establishment of the instant collective security right as the security for the Defendant who filed a criminal complaint with the Defendant without paying the loan to the Plaintiff after the completion of the registration of establishment of the instant collective security right.

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