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(영문) 대구지방법원안동지원 2019.04.17 2018가단2981
근저당권말소
Text

1. The Defendant completed the Plaintiff on September 19, 201, the receipt of the attached list C on September 19, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the following facts can be acknowledged: (a) on June 28, 2013, the automobile listed in the attached list had been registered by the Plaintiff from the Plaintiff to D for the transfer of ownership on April 3, 2017; (b) on the request of D, the Defendant did not lend money to D; and (c) on September 19, 2014, the Defendant decided to establish a false mortgage upon the request of D; and (d) on September 19, 2014, the registration of the creation of mortgage (a mortgagee, Defendant D, and bond value of KRW 15 million) as indicated in the attached list.

According to this, the above registration of mortgage was made without a cause relationship, and thus, the defendant is obligated to cancel it to the plaintiff.

2. Conclusion, the Plaintiff’s claim of this case is accepted as reasonable.

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