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(영문) 대구지방법원 2017.04.19 2016가단113938
근저당권말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff's assertion that when the plaintiff received a loan from the bank by the branch C, the plaintiff jointly and severally guaranteed the loan and the loan bank enforced compulsory execution based on the guarantee claim against the plaintiff, the loan bank asserts that the registration of creation of a false collateral security on August 7, 2008 on the real estate listed in the separate sheet owned by the plaintiff (hereinafter "the real estate in this case") was completed in the defendant's future on August 7, 2008, because there is no obligation to the defendant, who is the seat of her husband D, and thus, it should be cancelled by

(B) In order to refuse C’s request for joint and several sureties’s joint and several sureties, following C’s establishment of a collateral security right in the future of the Defendant, and then C’s joint and several sureties’s establishment of a collateral security right on May 20, 209.

As to the defendant's assertion, the defendant asserts that the real estate in this case is owned by D in substance and the defendant has a claim against D, and that the plaintiff, the title holder of which is the debtor, was established as a collateral.

2. Determination:

A. In a case where a certain declaration of intent is asserted as invalid as a false declaration of intention in conspiracy, it is reasonable to deem that the claimant is the burden of proof (see, e.g., Supreme Court Decision 92Da2295, May 22, 1992). In a case where the establishment registration of a neighboring mortgage has been completed, the registration is presumed to be legitimate and publicly announced as the state of true right, and thus, it is presumed that the registration is unlawful, and thus, the other party who asserts that the

B. (See, e.g., Supreme Court Decision 2000Da72763, Apr. 10, 2001).

However, in the case of this case, it is insufficient to prove that the registration of establishment of a new mortgage was made by a false agreement only with the descriptions of Gap's Nos. 1 through 6 and the financial transaction information of KB National Bank, Han Han Bank, and Daegu Bank.

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