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(영문) 의정부지방법원 고양지원 2018.07.06 2017가합74477
근저당권말소
Text

1. The defendant has to the plaintiffs 1/2 of each of the 1,946 square meters in Ilyang-dong-gu Seoul Special Metropolitan City, Seoyang-gu.

Reasons

1. Basic facts

A. The Plaintiffs, 197, are sharing one-half shares of each of the 1,946 square meters (hereinafter “instant land”) of the 1,000 square meters in Yongsan-gu, Seoyang-gu, Seoyang-gu, Incheon Metropolitan City.

(A) Evidence No. 1). (b)

On June 7, 2013, D, the father of the plaintiffs, on behalf of the defendant who is a minor, entered into a mortgage contract (specific collateral) with the defendant as a mortgagee, the maximum debt amount, 3,240,000,000 won in order for E (hereinafter referred to as "E") to secure the present and future obligations against the defendant with respect to the land of this case on behalf of the defendant who is a representative director, and completed the establishment registration of a mortgage to the defendant on the same day. On February 9, 2015, E concluded a mortgage contract with the defendant as a mortgagee, the maximum debt amount, 60,000 won in order to secure the present and future obligations against the defendant as a general loan for business operation, and completed the establishment registration of a mortgage to the defendant on February 10, 2015.

(hereinafter) Each of the above mortgage contracts is “the instant mortgage contract” and each of the above mortgages is “the registration of establishment of mortgage of the instant case” (Evidence No. 1, No. 1, No. 1, and No. 1, hereinafter the same shall apply).

E has been liable to the Defendant for a loan as a general loan for business operation from 2003 to 2015, and D has jointly and severally guaranteed and extended guarantee as shown in the following table with respect to the debt of E:

(Evidence Nos. 4, 6, 8) . [Grounds for Recognition] 1 to 8, 1 to 1, and 1 to the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 921 of the Civil Act of the relevant legal doctrine refers to an act that is likely to cause conflict of interest between a person with a parental authority and a person subject to parental authority or between the persons subject to parental authority by virtue of the objective nature of the act, and the actual conflict of interest is the intention of a person with parental authority or the result of such act.

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