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(영문) 부산고등법원 2018.02.22 2016나58492
근저당권말소
Text

1. Of the judgment of the first instance, the part against the Defendants, including the claim that was reduced by this court, is as follows.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Plaintiff’s ASEAN share each of 1/2 shares of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. Text 1-A

B) Around April 2013, D was introduced to a lender by means of forging documents in the name of the Plaintiff without the Plaintiff’s consent. Around April 30, 2013, Defendant B, the wife of each of the instant real estate, was issued with the Plaintiff’s seal imprint and a certificate of personal seal issued directly by the Plaintiff, on the ground that it is necessary for the establishment of a legal entity. (ii) D, at the office E office of a certified judicial scrivener entrusted with the application for registration on May 2, 2013, presented the Plaintiff’s seal imprint, personal seal imprint, resident registration certificate, and resident registration certificate of each of the instant real estate, and obtained the Plaintiff’s right to registration of each of the instant real estate from the Plaintiff as an agent for signing a mortgage agreement on one-half portion of each of the instant real estate owned by the Plaintiff, and signed a joint signature signature and seal imprint agreement between the Plaintiff and the Plaintiff’s creditor, the obligor, D, and Plaintiff 200,000 won (hereinafter “the maximum debt amount”).

Defendant B remitted KRW 380 million after deducting the prior interest of KRW 20 million from the loan amount of KRW 400 million from the loan amount of KRW 400 million on the same day, and around that time, Defendant B’s application for registration of E certified judicial scrivener No. 1-A of this case.

The registration of the establishment of a neighboring mortgage (hereinafter referred to as the "registration of the establishment of a neighboring mortgage of this case") was completed.

(c) Disposition No. 1-2

D The registration process of the establishment of a neighboring mortgage stated in paragraph (1) as security for additional loans to FO in total KRW 350 million and its ownO by forging documents in the name of the plaintiff without the plaintiff's consent at the end of May 2013.

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