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(영문) 대구지방법원 2014.05.27 2012가단61831
근저당권말소회복등기 등
Text

1. The Plaintiff:

A. Defendant B shall receive the registration of the Cheongju District Court and September 18, 2009 with respect to each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff is a creditor of Nonparty E (Defendant B’s punishment).

Defendant B, around October 22, 2008, as security for the obligations of the above E, is each of the instant real estate listed in the separate sheet No. 1, namely, the land in F (hereinafter “real estate No. 1”) and the housing (hereinafter “No. 2”) and the third real estate below G and H land below “each of the instant real estate.”

The registration of creation of a mortgage on the basis of the maximum debt amount of 350 million won (hereinafter referred to as the "registration of creation of a mortgage on the part of the case").

(2) The Korea Development Bank (hereinafter referred to as the "Korea Development Bank").

B. On September 18, 2009, Nonparty E forged the power of attorney in the name of the Plaintiff necessary for the cancellation of the registration of the establishment of the creation of the instant neighboring mortgage, and requested Cheongju District Court civil petition office I to the staff of the said certified judicial scrivener office to file an application for the registration of cancellation of the right to collateral security under Article 115138 of the receipt number, and requested the public official in charge of registration under the name omitted to submit the power of attorney under the above forged name A to cancel the registration of the establishment of the instant neighboring

C. Nonparty E was a non-detained trial at the Cheongju District Court on the grounds of criminal facts such as forging and uttering of private documents as above.

On February 18, 2014, the Cheongju District Court was sentenced to a suspended sentence of three years in the year and June of imprisonment with labor by Cheongju District Court 2013Ma128 on February 18, 201, and only the prosecutor appealed and is currently pending in the appellate trial with Cheongju District Court 2014No200.

B. On September 21, 2009, following the cancellation of the registration of the establishment of the neighboring real estate of this case, ① on September 21, 2009, Defendant C received the registration of the establishment of the neighboring real estate of this case with Defendant C as the maximum debt amount of KRW 80,00,000,00, Defendant C as the mortgagee, Defendant C as the debtor, and Defendant B as to the real estate of this case. On September 21, 2009, as to the first and second real estate, the registration of the right to claim the registration of the ownership transfer under Defendant C as of December 8, 2010 was made.

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