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(영문) 인천지방법원 2015.07.07 2014나56270
근저당권말소회복등기절차이행등 청구의 소
Text

1. Upon receiving a claim for a change in exchange from the party room, Defendant G is with respect to the Plaintiff with a capacity of 124 square meters in Nam-gu Incheon Metropolitan City.

Reasons

1. Basic facts

A. M is an employee working as a person in charge of loan and credit management at the Plaintiff’s O branch in Yeonsu-gu Incheon Metropolitan City N. The Defendant A (hereinafter “A”) of the first instance court is M’s mother and the Defendant B (hereinafter “B”) of the first instance court is M’s spouse.

B. On September 23, 201, A and B completed the registration of ownership transfer with respect to one-half shares of each of the instant real estate.

C. On September 23, 2011, the Plaintiff completed the registration of the establishment of a mortgage on the instant real estate as the Incheon District Court’s receipt of Article 92149, the maximum debt amount of KRW 338,000,000, and the neighboring mortgage on the debtor B (hereinafter “registration of the establishment of a mortgage on the instant real estate”).

M around May 8, 2012, without being delegated by the Plaintiff, was required to complete the registration of cancellation of the registration of the establishment of a mortgage of this case (hereinafter “registration of cancellation of the mortgage of this case”) by the Incheon District Court No. 37884, May 8, 2012, by forging and using the certificate of cancellation of the Plaintiff’s name, power of attorney, and forgery and use of the certificate of cancellation, and power of attorney.

E. M was indicted for the above facts constituting the crime, etc. and was sentenced to imprisonment with prison labor at Seoul High Court on August 28, 2014, and the said judgment became final and conclusive around that time.

[Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Seoul High Court (Seoul High Court 2014No1670). Meanwhile, A and B newly built 8 households of reinforced concrete structure (No. 201, No. 202, No. 301, No. 302, No. 401, No. 402, No. 501, No. 502) of the name of " Q" on the real estate in this case and both lots of P land in Nam-gu Incheon, and completed the registration of preservation of ownership for each household and the right to a site in this case on April 20, 2012.

G. Defendant G purchased 302 of the above multi-family housing from A and B, and completed the registration of transfer of ownership on May 8, 2012 by Incheon District Court No. 37682.

H. Of the above collective housing, (i) the registration of ownership transfer under the name of the Defendant C on December 13, 2012, and the registration of ownership transfer under the name of the Defendant C, the registration date of the establishment of a neighboring agricultural cooperative under the name of the Defendant C Hack.

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