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(영문) 수원지방법원평택지원 2017.05.26 2016가단46500
근저당권말소
Text

1. On June 23, 2016, the Defendant: Daejeon District Court’s budget registry office regarding each real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On June 23, 2016, Nonparty C, a parent of the Plaintiff, borrowed KRW 30 million from the Defendant with the introduction of D, a bond manager, and visited D and the office of a certified judicial scrivener F office located in Chungcheongnam-gun, Chungcheongnam-gun, the head of the office of the Plaintiff, along with the Defendant, to prepare an application form for registration of the establishment of the establishment of the establishment of a collateral for each real estate listed in the attached list owned by the Plaintiff (hereinafter “each real estate of this case”) and submit it to the Daejeon District Court Budget Office.

B. At the time of the preparation of the above mortgage contract, C presented the Plaintiff’s seal impression, certificate of personal seal impression (issuance by the principal, June 22, 2016), identification card, and certificate of registration of each real estate of this case to G, and notified H as the Plaintiff’s mobile phone number. G was called the Plaintiff’s mobile phone number, and G was called the above mobile phone number and called the other party to “a consent to the creation of a neighboring mortgage.”

C. Accordingly, on June 23, 2016 with respect to each of the instant real estate, the establishment registration near the text of C, B (Defendant), the maximum debt amount of 39,000,000 won was completed (hereinafter “establishment registration near the instant real estate”).

However, in relation to the Plaintiff’s seal impression, personal seal impression, and identification card held by C, “A requires a certificate of personal seal impression to report the Plaintiff’s claim under the Plaintiff’s name in the rehabilitation procedure of the said hospital with respect to KRW 40,000,000,000 invested in the restaurant operation right of the IG around October 206.” The certificate of registration of each real estate of this case was held by C after the Plaintiff was held by C. The cell phone number of JDa (K) that introduced D.

E. On August 2016, the Plaintiff filed a complaint with C as a crime of false entry in the authentic copy of a notarial deed. C was prosecuted on December 30, 2016 and is under trial in the first instance court.

(The Daejeon District Court 2016 High Court 2016 Highest9). The ground for recognition is the dispute.

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