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(영문) 부산지방법원 동부지원 2017.03.22 2015가단204849
근저당권말소
Text

1. As to the real estate stated in the attached list to the plaintiff, the defendant shall be the Busan District Court's Dong Branch of Busan District Court.

Reasons

1. Basic facts

A. On January 22, 2014, the Plaintiff received C’s request from the representative director of B Co., Ltd. (hereinafter “B”) and provided the instant real estate as a physical collateral to guarantee the Defendant’s obligation to pay insurance solicitation fees paid by B to its affiliated insurance solicitors. In order to guarantee the Defendant’s obligation, the Plaintiff provided the instant real estate as a physical collateral and set up a collateral security with the obligee as the Defendant.

B. On January 27, 2014, the Plaintiff issued to D a certificate of registration of the instant real estate necessary for the provision of physical collateral (mortgage creation), the Plaintiff’s certificate of personal seal impression, and a certificate of personal seal impression.

C. Around January 27, 2014, F, an employee of the certified judicial scrivener E, who was delegated by the Defendant to process the registration of the establishment of a neighboring mortgage, was written in the form of a mortgage contract provided by the Plaintiff, stating that around January 24, 2014, the Plaintiff and the mortgagee, the obligor, the Smart F, Co., Ltd. (hereinafter referred to as “Smart F,”) and the Defendant had tamp the Defendant with a seal imprint, affixed a seal imprint from the Defendant. A seal imprint was affixed to a smart Ep office, and the Plaintiff’s seal imprint was kept in the smart Ep office, and the preparation date was written as January 24, 2014.

Then, F marks the Plaintiff’s seal impression on the name of the proxy for the application for registration, which was prepared in advance by the doping of the Plaintiff of the right to collateral security and the Defendant of the right to collateral security.

E. As to the instant real estate on January 24, 2014, the maximum debt amount was KRW 100 million on the ground of the contract to establish a contract, the debtor smartfp, and the establishment registration of a neighboring mortgage as the defendant (hereinafter “establishment registration of a neighboring mortgage”) was completed.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, witness D, F's testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. As to the main contents of the mortgage contract regarding the instant real estate between the Defendant and the Defendant.

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