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(영문) 의정부지방법원 2015.10.08 2015가단102262
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 12, 2015, the registration of creation of a mortgage over each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) was completed on January 12, 2015, with the maximum debt amount of KRW 300 million, the debtor, the debtor, the mortgagee, the mortgagee, the Defendant, and C, as the registration of creation of a mortgage over each of the instant real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff signed and sealed a blank delegation with the Defendant by force of the Defendant, but did not conclude a contract to establish the instant mortgage with the Defendant, and there is no obligation to guarantee the establishment of the instant collateral. Therefore, the registration of establishment of the instant collateral should be cancelled by the registration of invalidation.

B. The summary of the defendant's assertion was from around September 1996 that the defendant operated a laundry site in the United States and provided the plaintiff's family members with the purchase fund for the housing, and around around around 1998, the plaintiff paid 5,500 US dollars to the plaintiff. Since C husband and wife did not receive a proper monthly wage for several years at the factory operated by the plaintiff, the plaintiff would pay 300 million US Won to the defendant and C. Since the mortgage of this case was established for the purpose of securing the above debt, the registration of the establishment of the mortgage of this case is valid.

C. In light of the following: (a) the statement of evidence No. 5-1 and No. 5-2 alone, it is insufficient to acknowledge that the instant mortgage contract becomes null and void or that there is no obligation to guarantee the right to collateral; (b) there is no other evidence to acknowledge it; (c) the overall purport of the arguments as to the witness Eul, as a whole, taking full account of the entries of evidence Nos. 1 and 2 (including additional numbers), the party examination results, and the witness examination results in the witness examination as to the witness D, the Plaintiff, the Defendant, C, and the staff D of the certified judicial scrivener office prepared the instant mortgage contract only at the Defendant’s home on January 8, 2015, and the Plaintiff directly set the maximum debt amount among the above contracts.

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