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(영문) 부산지방법원 2017.06.20 2016가단50289
근저당권설정등기회복등기절차이행등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be Daegu District Court as to the real estate indicated in the attachment.

Reasons

1. Facts of recognition;

A. (1) On March 4, 2014, the Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) On May 28, 2014, the Defendant Company lent KRW 30,000,000 to the Plaintiff on May 28, 2014, the Defendant Company completed the registration of creation of a neighboring mortgage (hereinafter referred to as the “registration of creation of a neighboring mortgage”) under the Daegu District Court No. 30480, the obligation to return the loan regarding the real estate indicated on the attached real estate owned by the Defendant Company (hereinafter referred to as the “instant real estate”).

B.1) On July 6, 2015, the representative F of the Defendant Company forged the Plaintiff’s power of attorney as of July 6, 2015 regarding the cancellation of the registration of the establishment of the instant real estate, and subsequently cancelled the registration of the establishment of the instant root by the receipt of racing support on July 9, 2015, and completed the registration of the ownership transfer on July 30, 2015, G (the name before the opening of the name: H) under Article 50963 of the racing support in the future, as of July 30, 2015, based on the sale on July 2, 2015, G completed the registration of the establishment of the instant real estate, etc. with the maximum debt amount of KRW 140 million under Article 50964,00,000,000.

C. On December 2, 2015, G completed the registration of ownership transfer for the instant real estate to Defendant C as the number 79027 of the receipt of racing support as to the instant real estate as of December 2, 2015.

On January 25, 2016, Defendant C completed the registration of the establishment of a right to lease on a deposit basis of KRW 37,50,000 for the instant real estate in the name of the Dong University of Korea, and thereafter, on March 22, 2016, Defendant D’s provisional attachment registration was completed on March 29, 201 as the receipt of racing support on March 22, 2016, and Defendant E’s provisional attachment registration was completed on March 29, 2016, respectively.

[Ground of recognition] For Defendant D and E: Each entry of evidence Nos. 1 through 5, and the whole purport of the pleading as to the Defendants: Each confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above findings of the determination as to the cause of the claim, F.C.

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