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(영문) 수원지방법원 2014.10.08 2013가단56385
근저당권말소등기의회복등기절차이행청구권
Text

1. The Plaintiff:

A. Defendant B shall have jurisdiction over the real estate stated in the attached list in the Suwon District Court, Dongwon Registry, August 2010.

Reasons

1. Facts of recognition;

A. On September 4, 2009, the Plaintiff lent KRW 72 million to Nonparty D, and completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) on the real estate listed in the attached list in the Defendant B’s name (hereinafter “instant real estate”), the mother of Nonparty D, as the head of Suwon District Court No. 87953, Sept. 4, 2009, received on September 4, 2009, pursuant to the Suwon District Court Decision No. 87953, Jun. 4, 2009, the obligor B, and the Plaintiff as a mortgagee

B. However, Nonparty D, while working in a certified judicial scrivener office, forged an application for cancellation of the right to collateral security and power of attorney in the name of the Plaintiff using the information obtained while Nonparty D had registered the establishment of the right to collateral security on behalf of the Plaintiff. On August 10, 2010, Suwon District Court received No. 76414 on August 10, 2010 and deleted the registration of the establishment of the right to collateral security in the instant case.

C. As to the instant real estate, Defendant C completed the registration of ownership transfer for reasons of sale on February 25, 201, and Defendant C completed the registration of ownership transfer for the instant real estate, the Korea Standards Bank for the Defendant, Inc. (hereinafter “Defendant Bank”), around February 25, 201, registered the establishment of a mortgage amounting to KRW 54 million with the maximum debt amount.

On the other hand, Nonparty D was sentenced to imprisonment with prison labor for eight months on August 28, 2014 for committing the crime, such as forging District Court 2013Da3968, 6543 (Joint Fraud) by forging an application for the cancellation of collateral security under the Plaintiff’s name and forging his/her power of attorney.

(At present, Suwon District Court No. 2014No5151, the appellate court is in progress). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence No. 1 through 7 (including virtual numbers), and the purport of the whole pleadings.

2. According to the facts of the judgment on the cause of the claim, the registration of the establishment of the establishment of the neighboring area of this case was cancelled by Nonparty D’s tort. Since the registration of cancellation was completed against the Plaintiff’s will as a person entitled to make a registration, the Defendant B, who was the owner of the real estate of this case at that time,

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