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(영문) 서울고등법원 2015.03.17 2014나2020781
근저당권말소
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1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The fact that there is no dispute over each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter in this case real estate) as indicated in the Suwon District Court’s Ansan Branch’s inner branch office, which received on March 20, 2013, and was concluded on March 14, 2013; “Peremptory amount of claims: KRW 1.5 billion; KRW 1.5 billion; KRW 3 billion; KRW 4.5 billion; KRW 4.5 billion; KRW 4.5 billion; KRW 4.5 billion; KRW 3.5 billion; KRW 4.5 billion; KRW 4.5 billion; Defendant’s voluntary auction of real estate on November 6, 2013; and Defendant filed an application for the instant collective security (hereinafter “instant collective security”);

7. The facts for which the decision on commencement is made shall not conflict between the parties.

2. The key issue of the instant case argues that the mortgage contract of this case was concluded by G by deception on behalf of the Defendant, or based on mistake of the Plaintiff, and that even if not, the Defendant did not actually generate the secured obligation of the obligor alleged as the application for the instant auction, and that the said contract was terminated by the Plaintiff’s declaration of intent of termination, the instant contract should be cancelled.

Therefore, the key issue of this case is whether the mortgage of this case was effective and whether the secured debt of the defendant's assertion exists.

In this regard, the background leading up to the conclusion of the mortgage of this case is examined, and the contents and occurrence of the secured obligation are examined in order.

3. Determination

A. 1) Conclusion of an entrustment contract for the business affairs (1) The Defendant shall conclude an entrustment contract for the business affairs (hereinafter “ATSM”).

() The term “financial IC card” means the Internet wireless telephone developed to provide financial services, such as automated entry and exit machines (ATM) of financial institutions by sticking the financial IC card. To attract service subscribers, F Co., Ltd. (hereinafter “F”) on June 22, 2012.

- ATMphone services.

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