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(영문) 서울중앙지방법원 2014.05.15 2013가단5091958
근저당권말소
Text

1. The defendant's assistant intervenor's motion to intervene shall be dismissed;

2. The defendant shall be the plaintiff.

(a) Appendix 1.3

Reasons

1. Facts of recognition;

A. The plaintiff as the mother of B is listed in the annexed sheet

1. To enter 18.7/2 of the real estate in the attached list;

2. Possession of 131.96/164 of real estate and own each real estate listed in the separate sheet with B.

B. B around June 2010, at the office that he had been on his duty, signed and sealed a document establishing the right to collateral security held by Defendant C’s employee C, and had other employees enter A in the column of the person establishing the right to collateral security and affix A’s seal impression seal, and each real estate listed in the separate sheet.

B issued the Plaintiff’s certificate of personal seal impression issued by Defendant B and the Plaintiff’s employee upon application by the Plaintiff’s resident registration certificate, copy of the Plaintiff’s resident registration certificate, resident registration record card, certificate of registration, and certificate of personal seal impression.

B did not deliver the power of attorney to the Defendant.

C. The Defendant completed the registration of the Seoul Western District Court on June 25, 2010 and the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 120,000,000, and the debtor B on the basis of the instant collateral security agreement (hereinafter “the registration of the establishment of a neighboring mortgage”).

Around September 2012, the defendant applied for voluntary auction on each real estate listed in the separate sheet.

[Reasons for Recognition] Unsatisfy, entry of Evidence A1, 2, 4, 5, and 6, and testimony of Witness C

2. The Defendant’s Intervenor asserted that he was entitled to transfer each of the instant claims against the Defendant’s Intervenor B, and had an interest in the outcome of the instant lawsuit, but the Defendant redeemed each of the instant claims against the Defendant’s Intervenor, which led to the Defendant’s Intervenor’s redemption of each of the instant claims against the Defendant’s Intervenor.

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