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(영문) 인천지방법원 2015.05.21 2014가단58992
근저당권설정등기말소등
Text

1. Defendant B shall have the Gwangju District Court as to each real estate listed in the separate sheet 1 through 6 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is Defendant C, Nonparty D, E, F, G, H, and I’s mother.

피고 C은 원고의 맏딸이고, 피고 B은 피고 C의 배우자이다.

B. The Plaintiff is the owner of each real estate listed in the separate sheet.

C. On April 7, 2010, the Plaintiff and Defendant B concluded a mortgage agreement with regard to each real estate listed in the separate sheet Nos. 1 through 6 as “the maximum amount of claims KRW 300,000,000, the debtor A, and the mortgagee B,” and the Plaintiff completed the registration of establishment of a neighboring mortgage as of April 9, 2010 by the Busan District Court No. 5991, Apr. 9, 2010.

On September 7, 2010, the Plaintiff and Defendant B entered into a contract for the creation of additional mortgage by stipulating that “the maximum amount of claims is KRW 300,000,000, and the debtor A and the mortgagee B,” with respect to each real estate listed in the separate sheet No. 7 through No. 1010, Sept. 7, 2010, the Plaintiff completed the registration of establishment of the neighboring district court No. 18108, Sept. 10, 2010.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Comprehensively taking account of the overall purport of the argument by the Plaintiff as to the claim for cancellation of the registration of the establishment of a neighboring mortgage, the Defendants’ testimony by the witness E, F, I, and the Plaintiff’s testimony as a result of the Plaintiff’s personal examination, the Defendants must promptly take safety devices against the Plaintiff, by taking advantage of the following purport: “If the Defendants were to be in operation of the business, all of the property in the river would be extinguished by the dispute over the future; there is no room to bring any action in the future, and there is no belief in the future to believe that there is any need to do so in the future; thus, they will be implified in the future in the future of the fraud.”

(c).

It can be recognized that each contract to establish a right to collateral security was concluded.

Therefore, each of the above contracts to establish a mortgage is made by fraud, and the plaintiff reaches the defendant on April 15, 2015, with the purport of revoking the above contract to establish a mortgage on April 14, 2015.

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