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(영문) 청주지방법원제천지원 2017.06.22 2016가합10134
근저당권말소
Text

1.For the plaintiff: (a)

DefendantB shall provide the Cheongju District Court support on December 18, 2013 with respect to each real estate listed in attached Table 1.

Reasons

1. Basic facts

A. On December 18, 2013, the registration of creation of a mortgage (Cheongju District Court Decision No. 30927, Dec. 18, 2013; hereinafter “registration of creation of a mortgage of this case”) was completed regarding each real estate indicated in the separate list No. 1. 1. The establishment of a mortgage of KRW 200,000,000,000,000,000,000,000,000,00

B. As to the real estate indicated in [Attachment 2] List owned by the Plaintiff, on August 28, 2014, Defendant C was the mortgagee, and the maximum debt amount of KRW 180,000,000 with the Plaintiff as the debtor (Cheongju District Court Decision No. 22303, Aug. 28, 2014; hereinafter “the creation registration of the second collateral mortgage”) was completed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s former representative director D had abused his power of representation and completed the registration of the establishment of the first place of the instant case to Defendant B, and the Defendant B was also aware of this, and thus the said registration is null and void.

Defendant C did not lend KRW 180,00,000 to the Plaintiff. Accordingly, the registration of establishment of a mortgage of the second class of the instant case is null and void since it was established based on the false secured debt.

Therefore, the Defendants are obligated to cancel the registration of establishment of the first and second class mortgage of this case to the Plaintiff.

B. Defendant B’s assertion 1) The Plaintiff is a person who has pledged his property to secure another’s property to secure another’s property to secure another’s property to secure another’s property to secure another’s property to secure another’s property to secure another’s property

B) Defendant B, as of June 2, 2014, did not know whether the representative director of the Plaintiff abused the Plaintiff’s power of representation; (c) entered into a contract with E to acquire the Plaintiff’s price of KRW 3 billion; and (c) agreed to substitute the payment of KRW 2 billion out of the payment with the acquisition of the right of collateral security established on real estate; and (d) said debt amount.

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