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(영문) 대전지방법원 2016.07.22 2015가단35123
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 26, 2015, the Plaintiff received the registration of ownership transfer based on donation from C with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). The Plaintiff delegated the affairs of application for ownership transfer to D who worked as the head of the office of a certified judicial scrivener.

B. D, around February 13, 2015, concluded that, if the Plaintiff voluntarily filed a gift tax report, 10% of the gift tax may be reduced or exempted, D received two copies of a certificate of personal seal impression from the Plaintiff. On February 16, 2015, the Plaintiff was given a passbook in the name of the Plaintiff.

C. On February 16, 2015, D drafted a written agreement to establish a right to collateral security with a maximum debt amount of KRW 150 million with respect to the instant real estate, with the purport that the Plaintiff borrowed KRW 110 million from the Defendant at the office of F judicial scrivener in Seo-gu, Daejeon, Daejeon, and that the Plaintiff set up a right to collateral security with respect to the instant real estate at KRW 150 million.

According to the aforementioned contract to establish a collateral security, the Defendant completed the registration of establishment of a collateral security on the instant real estate by the Daejeon District Court Daejeon District Court No. 9674, Feb. 16, 2015.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). E.

D As of November 23, 2015, Daejeon District Court Decision 2015 High Court Decision 2015 High Court Decision 10831.

As stated in paragraph (1), a summary order of KRW 3 million was issued due to the facts constituting the crime of the crime of the crime of the Articles of Private Document that forged a mortgage contract and a power of attorney under the name of the plaintiff, and the above summary order was finalized around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The registration of the establishment of the establishment of a neighboring mortgage of the Plaintiff’s assertion was based on the relevant documents forged by D, and thus, the ground for invalidation is invalid. Thus, the Defendant is obligated to implement the registration procedure for cancellation of the establishment of a neighboring mortgage of the Plaintiff.

B. The defendant's assertion is that D establishes a mortgage on behalf of the plaintiff.

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