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(영문) 대구지방법원경주지원 2017.04.11 2015가단3528
근저당권이전등기말소
Text

1. On July 31, 2014, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, each of the Daegu District Court and its racing support.

Reasons

1. Facts of recognition;

A. The Plaintiff, upon the introduction of Nonparty C, invested KRW 100 million in Nonparty D, and received the registration of creation of a collateral (hereinafter “mortgage of this case”) with respect to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) on May 20, 2014, as the receipt of the maximum debt amount No. 28709, May 20, 2014.

B. The Plaintiff kept the registration certificate of the registration certificate of the establishment of the instant neighboring mortgage to C. On July 31, 2014, upon entering into the custody of the registration certificate, C had not been granted the Plaintiff’s authority for the transfer of the instant right to collateral security, but, on July 31, 2014, had forged the Plaintiff’s power of attorney and the certificate of transfer of the right to collateral security (the document necessary for the transfer of the instant right to collateral security) in the name of the Plaintiff, which was the document necessary for the transfer of the instant right to collateral security, forged the Plaintiff’s power of attorney and the certificate of transfer of the right to collateral security (the “instant additional registration”) with respect to each of the instant real estate as of July 31, 2014, as of the receipt of the instant registration No. 4426, Jul. 31, 2014.

C. C was indicted under this Court Decision 2016No291 on February 23, 2017 due to the crime of forging private documents, the crime of uttering of private documents, the crime of false entry into public electronic records, and the crime of uttering of public electronic records, etc. In relation to the above act, C was under trial at the Daegu District Court 2017No107, and C was under trial on February 23, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers if there are branch numbers; hereinafter the same shall apply), entry of Eul evidence 3 to 6, significant facts in this court, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the supplementary registration in the name of the defendant is legitimate.

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