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(영문) 대구지방법원김천지원 2017.05.31 2016가단6565
근저당권설정등기말소
Text

1. On October 8, 2013, the Defendant: (a) on each real estate indicated in the separate sheet to the Plaintiff, the Daegu District Court of Justice unregistered for the Plaintiff.

Reasons

1. Basic facts

A. On March 12, 2009, Cheong Co., Ltd. completed the registration of ownership transfer for reasons of sale on March 9, 2009 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate, on October 8, 2013, the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) against the Plaintiff, the mortgagee, and the Defendant, the mortgagee, and the mortgagee, was completed.

[Reasons for Recognition] Class B 6-4 and 5-5, each entry, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion asserts that the mortgage of this case was established at will by C (the entirety of the plaintiff) without the plaintiff's consent or consent, and thus, the ground for invalidation should be cancelled.

B. The defendant's assertion 1) asserts that the plaintiff consented to the establishment registration of the mortgage of this case. 2) Even if not, the defendant had the power to sell the plaintiff's vehicle, and the defendant believed that C had the authority to conclude the mortgage contract of this case on behalf of the plaintiff. The defendant believed that C has the authority to conclude the mortgage contract of this case on behalf of the plaintiff, and there are justifiable reasons for such belief. Thus, the expression agency under the Civil Act is established.

3. Determination

A. On November 2012, 2012, C purchased a vehicle in the name of the Plaintiff and used it.

B) On September 27, 2013, the Defendant: (a) lent KRW 30 million to C on December 26, 2013; and (b) on a yearly basis, 30% of the interest rate; (c) upon collateral for the said loan debt, C completed the registration of creation of a mortgage over the real estate owned by C with a maximum debt amount of KRW 39 million to the Defendant. D is the Plaintiff’s personal seal impression and seal impression issued by the Plaintiff for the sale of the said vehicle to the attorney’s office; (b) brought the Plaintiff’s personal seal impression and seal impression issued by the Plaintiff to the attorney’s office; and (c) was the Plaintiff’s name on the part of the Plaintiff as indicated in the “debtor-mortgage

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