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(영문) 수원지방법원 2016.12.16 2015나42503
근저당권말소등기 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation on this part is as follows, since the evidence No. 8 of "A" and the part of "1. Basic Facts" in the reasoning of the judgment of the court of first instance, except for the part which was used by adding "A" to "A" and "1. Basic Facts" are as stated in the reasoning of the judgment of the court of first instance, among the reasons for the judgment of the court of first instance, the part which was used by the court of first instance shall be cited in accordance with Article 420 of the Civil Procedure Act. Of the reasons for the judgment of the court of first instance, the part which was used by the court of first instance, from

[2] On August 31, 2015, D and C conspired to register the establishment of the first place of the instant case by forging and using a loan transaction agreement, a mortgage contract document, etc. under the name of the Plaintiff and by using the document, etc., and acquired KRW 230,00,000 as collateral, they were indicted, and each of them was convicted in Suwon District Court Decision 2015dan1228 (Gohap724).

D Each appeal was filed by Suwon District Court 2015No7383 and Supreme Court 2016Do3448, but the judgment of conviction became final and conclusive as it is.

A person shall be appointed.

2. The parties' assertion

A. The registration of the establishment of the first place of the instant case (1) is deemed null and void as the cause is deemed null and void, in collusion with C and D, by stealing the Plaintiff’s seal imprint, and forging and forging relevant documents.

B) The establishment registration of the second collateral security was established in order to repay the interest on the secured debt of the first collateral security, and as long as the secured debt of the first collateral security registration of the instant case does not exist as the cause of the establishment registration is null and void, the secured debt of the first collateral security of the instant case shall be cancelled as it does not exist. (2) The Plaintiff, who is an employee of the first collateral security of the instant case, forged a loan transaction agreement or a mortgage contract with the Plaintiff’s seal impression, resident registration certificate, a certificate of personal seal impression, etc. and intentionally completed the establishment registration of the first collateral security of the instant case, which is equivalent to KRW 322,

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