logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.16 2017가단532787
근저당권이전등기
Text

1. The defendant received on February 24, 2009 from the registration office of the Gwangju District Court with respect to the real estate stated in the attached list from the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is C's child, and the defendant is C's assistance car, which is between the plaintiff and the defendant.

B. D (only hereinafter referred to as “D”) as the subsequent jury of C had completed the registration of creation of the right to collateral security of KRW 25,000,000 on February 24, 2009 by the registry office of the Gwangju District Court (No. 31710 on the real estate of this case), and completed the registration of creation of the right to collateral security of KRW 25,00,000 in the future of the Defendant (hereinafter referred to as “instant right to collateral security”), on the real estate listed in the separate list owned by

3. 23. Receiving No. 51478, raising the maximum debt amount of the instant right to collateral security at KRW 44,500,000.

C. On October 20, 2017, the Plaintiff and the Defendant affixed a seal on the alteration agreement to the effect that the Defendant would transfer the mortgagee of the instant right to collateral security to the Plaintiff (hereinafter “instant transfer agreement”), and the Defendant also affixed a seal on the power of attorney for the registration of the transfer of the said right to collateral security.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s right to collateral security was set up by C as security by lending KRW 32,00,000 to D around 209. Since C cannot set up a collateral under its name due to bad credit standing, it was set up in its name by seeking the Defendant’s understanding.

At the time, the defendant opened an account under the name of the defendant so that he can receive interest from D.

Then, upon C’s request, the Defendant affixed the seal on the instant agreement for transferring the right to collateral security to the Plaintiff, who is a self-employed person of C. Since the seal affixed by the Defendant is not a seal imprint, the Defendant’s seal imprint was subsequently affixed and sealed, and promised to change it to the seal affixed by the Defendant,

Nevertheless, the defendant refused the transfer of the right to collateral security without fulfilling the promise, and thus the defendant seeks the transfer of the right to collateral security by the lawsuit of this case.

(b) the Defendant.

arrow