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(영문) 서울동부지방법원 2017.11.17 2015가합111943
근저당권말소
Text

1. The Defendant received on March 9, 2015 from the Seoul Eastern District Court as to each real estate listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2015, with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”), the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) was completed on March 9, 2015, consisting of the debtor B (hereinafter “C”) and the maximum debt amount of KRW 500 million in the Defendant’s name.

B. C is a company operated by the Plaintiff’s ASEAN, which is supplied by the Defendant, and the establishment registration of the establishment of the instant neighboring mortgage in order to secure the payment claim.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 evidence, Eul 5 evidence (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of this Court

A. The following facts are acknowledged: (a) there is no dispute between the parties on the grounds of the Plaintiff’s claim; (b) evidence Nos. 3 through 9, 11, 12, and 4 and 7; and (c) evidence Nos. 4 and 7; (d) witness E and F’s testimony; and (e) appraiser G’s appraiser’s appraisal result; (a) the Plaintiff obtained a certificate of personal seal impression on March 2, 2015, as it is necessary for the Plaintiff to have his own son employed the Plaintiff; and (c) issued the Plaintiff’s certificate of personal seal impression to D along with other persons at the building of the Seocho-gu Seoul Metropolitan Seocho-gu T Center.

B) On the same day, F, who was an employee of the Defendant, drafted documents necessary for the registration of the establishment of a new mortgage on the instant real estate at the time, only the Plaintiff was the person who introduced D and D as the Plaintiff, or the documents necessary for the registration of the establishment of a new mortgage on the instant real estate. Among the documents prepared at the time, the unmanneds stamped in the confirmation document instead of the registration of the right to register the instant real estate are different from the Plaintiff’s unmanneds, and the seal imprint affixed on the power of attorney also differs from the Plaintiff’s seal imprint. C) When the Plaintiff discovered that the registration of the establishment of a new mortgage on the instant real estate was completed on March 2015, it would not supply livestock products to D

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