logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.12.04 2013가단201932
근저당권말소등기의 회복등기절차이행
Text

1. The Defendant shall receive, on May 29, 2012, the Gangseo-gu Busan District Court's Gangseo-gu District Court's Gangseo-gu registry office with respect to the amount of 330 square meters wide from the Plaintiff.

Reasons

1. Facts of recognition;

A. From May 2009, the Plaintiff was issued a notarial deed under a monetary loan agreement with D to the effect that, on May 20, 201, the Plaintiff loaned money several times to the Defendant’s son, and that, on May 20, 201, “The amount of KRW 100 million for loans, the due date for repayment, KRW 130,000 won for interest, and KRW 1300,000 for interest, and KRW 1300,000 for E in the event of default, transfer the said amount to

B. On June 24, 2011, the Plaintiff completed the registration of the establishment of a neighboring mortgage (the registration of the establishment of a neighboring mortgage on June 24, 201, No. 15664, Jun. 24, 201) with respect to the debtor, the mortgagee, the Plaintiff, and the maximum debt amount of KRW 110,000,000,000 for the debtor, the mortgagee, the mortgagee, and the maximum debt amount (hereinafter “instant real estate”).

C. The registration of the establishment of the instant neighboring mortgage was cancelled on May 29, 2012 due to the cancellation on the 21st day of the same month, which was received on May 29, 2012 by the Gangseo-gu Busan District Court Registry.

(hereinafter “instant cancellation registration”) D.

With regard to D, the Plaintiff filed a complaint against the charge of forging Private Document on the registration of cancelling the instant right to collateral security, and D was convicted of both the charge of forging Private Document and the charge of forging Private Document on the registration of cancelling the instant right to collateral security.

(Reasons for Recognition) The fact that there is no dispute between Daejeon District Court Decision 2013Da559 decided April 11, 2014, Daejeon District Court Decision 2014No146 decided July 16, 2014, Supreme Court Order 2014No1146 decided September 22, 2014, Supreme Court Order 2014Do10303 Decided September 22, 2014) / Each entry in Gap evidence 1 through 15 (including a provisional number), the purport of the whole pleadings, and the purport of the whole pleadings.

2. Party’s assertion and the key issue of the instant case: (a) whether the establishment registration of the instant neighboring mortgage was lawful; and (b) the Plaintiff issued a registration certificate to a police officer in June 2012, and (c) did not repay the Plaintiff’s debt, even though D received a loan from the bank and cancelled the registration certificate, it did not pay the Plaintiff’s debt. Therefore, the Defendant was cancelled.

arrow