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(영문) 춘천지방법원 2015.10.06 2014가단11409
저당권말소등록
Text

1. The Plaintiff:

A. Defendant NFF Capital Co., Ltd. shall be limited to the automobiles listed in paragraph 1 of the attached Table.

Reasons

1. Facts of recognition;

A. On August 29, 2007, the Plaintiff: (a) between D and D on August 29, 2007, the ownership of the said vehicle belongs to the Plaintiff; and (b) instead, between D and E on March 14, 2012, entered into an agreement with respect to the entry of the said vehicle into the freight transport business upon being entrusted with the operation and management right of the said vehicle by the said company; and (c) between E and E on March 14, 2012, the ownership of the said vehicle belongs to the Plaintiff; and (d) instead, E entered into an entry agreement with respect to the said vehicle to carry on the freight transport business upon being entrusted with the operation and management right of the said vehicle by the said company.

B. In accordance with each of the above branch entry contracts, the Plaintiff completed the transfer of ownership on each of the motor vehicles listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant motor vehicles”).

C. However, while serving as an auditor for a corporation A, F, who was in charge of management of a rolling stock company, has forged an entrustment contract for the rolling stock management for the repayment of personal debts, provided the vehicle as security to financial institutions and received the loan.

Accordingly, around January 30, 2012, F, without the Plaintiff’s permission, forged an entrustment contract under the name of the Plaintiff with respect to the instant automobile No. 1, as if he/she had concluded the said automobile entry contract with the Plaintiff, and then delivered the forged entrustment contract under the name of the Plaintiff to the Defendant Lochi Capital Co., Ltd. (hereinafter “Defendant Lochi Capital”). On February 1, 2012, F borrowed KRW 15,00,000 from the above Defendant around February 1, 2012, F completed the registration of the establishment of a collateral security right on the instant automobile No. 1, in the name of the Plaintiff, by forging the application for the registration of the establishment of a collateral security right on the instant automobile No. 1, in the name of the Plaintiff, the mortgagee, the Plaintiff, the obligor, the obligor, and the bond value of KRW 15 million.

(e) in addition, F.

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