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(영문) 인천지방법원부천지원 2015.07.08 2014가단29218
근저당권설정등기말소등기청구의 소
Text

1. The defendant shall have jurisdiction over each real estate listed in the attached list to the plaintiff in Incheon District Court Kimpo-si.

Reasons

1. The fact that the establishment registration of a neighboring mortgage (hereinafter “instant mortgage registration”) recorded in the separate sheet owned by the Plaintiff on July 27, 200 on each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”) was completed on July 26, 200 on the ground of the contract concluded on July 26, 200, by the maximum debt amount of KRW 100 million, the obligor, the Plaintiff, and the mortgagee, as the Defendant, may be acknowledged either by a dispute between the parties, or by a evidence of KRW 1-3.

2. The parties' assertion

A. The Plaintiff’s assertion ① The instant mortgage registration was made voluntarily by C, the husband of the Plaintiff without the Plaintiff’s delegation, and there is no obligation to guarantee the security. Therefore, the registration of invalidity of the cause should be cancelled.

(2) Since the statute of limitations for the secured obligation registered as the collateral security of this case has expired, the registration of this case shall be cancelled.

B. Defendant’s assertion ① The instant mortgage registration was duly made according to the Plaintiff’s intent and there was also a secured obligation.

② The secured obligation of the instant mortgage registration was not yet due and due, and even if the due date and the statute of limitations expired, the Defendant renounced the benefit of extinctive prescription by approving the Defendant’s obligation.

3. Determination

A. Even based on all evidence submitted by the Plaintiff as to the invalidity of registration, it is difficult to recognize that the registration of the instant right to collateral security was made either against the Plaintiff’s will or against its will.

Rather, in light of the purport of the entire argument of this case, in the course of arranging the obligation and obligation between the Plaintiff and her husband C (the Plaintiff’s side) and the Defendant and the network D and network E (the Defendant’s side), the Plaintiff appears to have completed the registration of collateral security in the name of the Defendant in accordance with the Plaintiff’s intent to determine the existence and amount of the obligation against the Defendant and to secure the obligation.

Furthermore, evidence No. 2 1,2.

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