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(영문) 서울중앙지방법원 2015.09.08 2015나25746
근저당권설정등기말소
Text

1. The plaintiff's appeal and the claim added in the trial are dismissed.

2. The costs of the lawsuit after the appeal are filed are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff becomes a child between father D and mother F.

D and F shared on December 15, 2003.

B. On September 17, 2009, the Plaintiff purchased real estate listed in the [Attachment List (hereinafter “instant housing”) and the F did so in the instant housing.

C. On May 29, 2013, the establishment registration of the right to collateral security, which is the debtor D and G, was completed on the grounds of the contract to establish the instant house on the same day.

On August 26, 2013, registration of cancellation was completed on the ground of termination on the same day.

On the same day, the registration of creation of the right to collateral security (hereinafter “mortgage”) was completed due to the contract establishing the instant housing on the same day, and the maximum debt amount of KRW 182,00,000, the debtor and the defendant of the right to collateral security (hereinafter “mortgage”).

E. On October 24, 2014, D received a summary order of KRW 3,00,000 for the following criminal facts.

(Court 2014 Highest 21938). This summary order became final and conclusive around that time.

On May 19, 1982, the Defendant filed a marriage report with the victim F on May 19, 1982. On December 15, 2013, the Defendant reported the divorce on December 15, 2013, and generated the victim A, who is a child, between F and F.

1. On February 14, 2013, at around 14:00, the thief, the Defendant: (a) taken one registration certificate for real estate registered in the name of the said A and one resident registration certificate and one seal imprint of the said A, each of which was entrusted by the victim F to the victim F, the victim F, who was the victim F, in a fluor of the victim F, in a fluor of the Dongjak-gu Seoul Metropolitan Government Carryover; (b) the victim F, in a fluor of the fluor of the said residence; (c)

Accordingly, the defendant stolen the victims' property.

2. The Defendant, as above, has taken advantage of the stolen real estate registration right certificate, resident registration certificate and seal imprint certificate of the above A to borrow and use money in the name of the above A by taking advantage of the above real estate registration certificate and seal imprint.

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