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(영문) 춘천지방법원 영월지원 2018.11.08 2018가합109
근저당권말소등기 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On July 27, 2010, the Plaintiff acquired ownership of 12,679m2 (hereinafter “instant real estate”).

On the same day, the Plaintiff entered into a mortgage agreement with the Defendant and the creditor and the person who created the right to collateral security as the Defendant and the debtor and the person who created the right to collateral security as the Plaintiff, with the maximum debt amount of KRW 1.924 million, and superficies agreement with the Defendant for the duration of thirty years. On the same day, the Plaintiff completed the registration of creation of collateral on July 27, 2010 by the Chuncheon District Court, No. 7419, which was received on July 27, 2010, and by the receipt of No. 7420, July 27, 2010.

On March 15, 2011, the Plaintiff entered into a mortgage agreement with the Defendant and the creditor and the person who created the right to collateral security as the Defendant and the creditor and the person who created the right to collateral security as the Plaintiff. On the same day, on March 15, 201, the Plaintiff completed the registration of the establishment of the right to collateral security, which was completed as of March 15, 201 by the Jungcheon District Court’s Cheongcheon District Court’s receipt of No. 2845.

The plaintiff asserts that although there was no fact that a mortgage contract or a superficies contract was concluded with respect to the instant real estate, C entered into a mortgage contract by stealing the name of the plaintiff and completed the registration of the establishment of a collateral and the registration of the establishment of a superficies to the defendant.

In this regard, the defendant asserts that he directly concluded a mortgage contract with the plaintiff and that the loan was deposited into the account in the name of the plaintiff.

According to the Plaintiff’s genuine intent, each entry into a mortgage contract and superficies contract, and each entry into Eul’s 1 through 5 (including paper numbers), D, an employee of the Defendant, was issued a document necessary for delivery or loan directly by the Plaintiff at a restaurant near the location of the instant real estate on July 6, 2010, and a copy of the Plaintiff’s identification card and a certificate of personal seal impression.

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