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(영문) 서울중앙지방법원 2014.06.10 2013가합558903
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2013, received on March 20, 2013, the Suyang Branch of the Suwon District Court (hereinafter “instant real estate”) on each of the real estate listed in the separate sheet owned by the Plaintiff: (a) the registration of creation of a collective security right (hereinafter “instant collective security right”) was completed against B Co., Ltd. (hereinafter “B”), C, D (hereinafter “D”), E, and the Defendant, with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

B. On the other hand, the defendant is an Internet wireless telephone developed to provide financial services, such as automated entry machines (ATM) at financial institutions, by displaying an ATM (hereinafter referred to as "ATM") financial information card.

On June 22, 2012, in order to attract service subscribers, a business consignment contract was concluded with F Co., Ltd. (hereinafter referred to as “F”) to pay sales commission according to the record of attracting service subscribers.

The F entered into an entrustment contract with D and ATM business in order to increase its own business network.

C. The Defendant’s employees in charge of ATMphone business are G, and H is F’s, E, D’s, and B’s representative director.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 3 through 6 (including each number; hereinafter the same shall apply)

2. The Plaintiff’s assertion that the contract to establish the instant mortgage was concluded by G by deceiving the Plaintiff through E.

The declaration of intention by fraud shall be revoked through the service of a duplicate of the complaint of this case.

The defendant is obligated to cancel the registration of establishment of the right to collateral security of this case.

The facts which form the basis thereof are as follows:

① The Plaintiff requested that the instant real estate be offered as security is friendship E.

E In order to establish the right to collateral security of KRW 520 million, the Defendant agreed to grant D the right to collateral security of KRW 520 million to D with interest without interest, and among them, the Plaintiff is worth KRW 130 million.

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