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(영문) 수원지방법원평택지원 2016.10.26 2016가단42720
저당권설정등록말소
Text

1. The Defendant completed the Plaintiff’s completion of January 5, 2014 on the motor vehicle indicated in the attached list.

Reasons

1. According to Gap evidence Nos. 1 through 8 (including various numbers) as to the cause of the claim, the plaintiff entered into an entrustment management contract with B on April 3, 2012 with respect to the motor vehicle listed in the separate sheet (hereinafter "motor vehicle of this case"), and completed the transfer of ownership in the plaintiff's name on the same day, and C, around January 15, 2014, forged documents necessary for the registration of the creation of mortgage, such as the power of delegation in the plaintiff's name, and forged the documents necessary for the registration of the creation of mortgage, and completed the registration of the creation of mortgage with A on January 5, 2014 (hereinafter "registration of the creation of mortgage of this case"), which was accepted as of January 5, 2014, and completed the registration of the establishment of mortgage of this case (hereinafter "registration of the establishment of mortgage of this case"), and therefore, the defendant appealed the plaintiff's right of representation and completed the registration of the establishment of mortgage of this case without any forgery and use of power of the plaintiff's name.

As to this, the defendant asserted that the plaintiff's claim is improper because he received the mortgage of this case from C without knowing that the power of attorney, etc. in the name of the plaintiff was forged. However, even if the defendant acted in good faith at the time of the acquisition of the mortgage of this case, such circumstance alone does not have any legal ground to reject the plaintiff's claim. Thus, the defendant's above argument is without merit

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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