(영문) 광주지방법원순천지원 2015.04.09 2014가단10001

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(영문) 광주지방법원순천지원 2015.04.09 2014가단10001

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached Form (hereinafter “instant apartment”). The Defendant is the mortgagee of the instant apartment, and C is a person who was living together with the Plaintiff in the instant apartment from October 2008 to June 2013.

B. On February 18, 2011, C took place as if the Plaintiff’s agent, and borrowed KRW 30 million from the Defendant, and during that process, C prepared a loan deposit certificate and a written contract to establish a mortgage on the instant apartment in the name of the Plaintiff and issued it to the Defendant.

(2) On February 18, 2011, the Defendant transferred KRW 27.5 million to the Plaintiff’s agricultural bank account. On the same day, the Defendant completed the registration of the establishment of a collateral security (hereinafter “registration of the establishment of a collateral security”) with respect to the instant apartment as of February 18, 201, the amount of maximum debt amount was KRW 39 million as of the instant apartment as of February 18, 201, No. 6263, which was received on February 18, 2011.

C. On May 29, 2014, C was sentenced to a suspended sentence of 6 months for fraud, fabrication of private documents, and uttering of private documents with respect to the money borrowed at this court (No. 2013 senior group2684) on February 18, 2011. The above judgment became final and conclusive around that time.

The Plaintiff expressed his intention not to punish C in the above criminal case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 4 to 6, the purport of the whole pleadings

2. The plaintiff asserted that C, while borrowing money from the defendant, had forged the plaintiff's seal imprint certificate and identification card without the plaintiff's consent, and completed the registration of establishment of a mortgage in the name of the plaintiff, and therefore, C, the registration of establishment of a mortgage in the name of the plaintiff should be cancelled as the registration of invalidity of the cause.

As to this, the defendant granted C the right of representation regarding the monetary loan contract and mortgage contract of this case.

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