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(영문) 서울중앙지방법원 2015.12.08 2014가단127477
근저당권말소등기
Text

1. The Plaintiff:

A. Defendant B, as to the real estate stated in the separate sheet, is the registry office of the Gwangju District Court.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the attached Form (hereinafter “instant apartment”).

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is subject to the Disposition No. 1 regarding the apartment of this case.

The registration of the establishment of a neighboring mortgage mentioned in paragraph (1) (hereinafter referred to as the “registration of the establishment of a neighboring mortgage of this case”).

C. Defendant D Forest Asset Management Loan Co., Ltd. (hereinafter “Defendant D Forest Loan”) completed the additional registration of the right to collateral security (hereinafter “instant additional registration”) with the registration office of Gwangju District Court No. 150371, Jul. 19, 2013 regarding the registration of the establishment of the instant neighboring mortgage (hereinafter “instant additional registration”).

Defendant C is subject to Disposition 1-C as to the apartment of this case.

The registration of the establishment of chonsegwon (hereinafter referred to as the “registration of the establishment of chonsegwon”) stated in the port has been completed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. The summary of the plaintiff's assertion is that E and F borrowed money from Defendant B, without the plaintiff's identification card and seal imprint certificate, forged the plaintiff's identification card and proxy certificate of right to lease on a deposit basis, and completed the registration of the establishment of a neighboring mortgage and the registration of the establishment of a right to lease on a deposit basis. Defendant Drown loan completed the registration of the establishment of a right to lease on a deposit basis in the neighboring mortgage of this case, which is null and void. The registration of the establishment of a right to lease on a deposit basis and the registration of the establishment of a right to lease on a deposit basis of the establishment of a right to lease on a deposit basis must be cancelled. Defendant Drown is a third party with a interest in the registration of the cancellation of a right to lease on a deposit basis of a right to lease on a deposit basis of the neighboring mortgage of this case. Accordingly, the defendants agreed to the establishment of a right to lease on a deposit basis of this case and the establishment of a right to lease on a deposit basis of this case.

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