(영문) 서울남부지방법원 2015.03.19 2014나10446

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.03.19 2014나10446

근저당권말소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On January 3, 2012, the registration of creation of a neighboring mortgage (U.S. District Court No. 375, No. 375, No. 375, No. 375, No. 1) was completed with respect to the registration of creation of a neighboring mortgage (the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-

B. On September 3, 2013, C transferred the secured debt of this case to the Defendant, notified the Plaintiff of the transfer of the said secured debt at that time. On September 3, 2013, the additional registration of the transfer of the secured debt was completed on the ground of the transfer of the finalized claim on the same day in the future of the Defendant.

C. On January 22, 2014, the Defendant received dividends of KRW 38,025,406 as a mortgagee in the procedure of the auction in the case of D’s real estate auction located in Suwon District Court as to the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 17 evidence, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. First, the Plaintiff: (a) borrowed KRW 50,00,000 from C as the secured claim; (b) each of the above claims was signed and sealed by the Plaintiff in blank, and C voluntarily stated the content thereof; and (c) C paid only KRW 10,00,00 to the Plaintiff, the secured claim of the instant secured claim was not established; (c) the Defendant asserts that the dividend that was paid to the Plaintiff ought to be returned to the Plaintiff based on the said secured claim.

In this case, it is common sense that part of the document is signed and sealed at the time of completion, and therefore there was a blank blank part at the time of delivery of the document and it was supplemented later.

유사 판례

-서울남부지방법원 2014.09.03 2013가단70129

-서울고등법원 2021.04.22 2019나2032581

-대구지방법원김천지원 2020.02.04 2018가단974

-의정부지방법원 2017.12.21 2017나3247