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(영문) 의정부지방법원 2018.04.26 2016가단131014
근저당권설정등기말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. The Plaintiff is the owner of the instant apartment, and C is the husband of the Plaintiff.

B. On October 11, 2005, with respect to the apartment of this case, the registration of the creation of the right to collateral security (No. 98753, Oct. 11, 2015) was completed with respect to the apartment of this case with the debtor, the mortgagee B, and the maximum debt amount of 200 million won.

C. The Defendant Republic of Korea completed the attachment registration of each of the above-mortgaged claims on the grounds of Defendant B’s default of national taxes (The Government Registry of the District Court, No. 1158999, Jun. 22, 2012, No. 5820, Nov. 25, 2009).

Meanwhile, Nonparty D on April 23, 2009 and the same year with respect to the above-mortgaged claim

6.1. Around December 2, 2010, the Plaintiff filed a lawsuit against the said D seeking consent to the cancellation registration of the registration of the establishment of the instant right to collateral security (2010da480811). On December 2, 2010, the Plaintiff explained in the written complaint of the instant case as follows on the grounds that the registration of the establishment of the right to collateral security under the name of the Defendant B was completed.

The husband C was the head of the Korea Credit Guarantee Fund E branch.

However, F, which is the land of C, requires KRW 200 million, and as security is not sufficient, I borrowed money from Defendant B through the introduction of C.

In addition, for the F’s above loan obligations against Defendant B, C provided the Defendant B with the real estate owned by the Plaintiff as the wife as security.

(However, I erroneously stated the debtor on the copy of the register as the plaintiff who is not F). / [Grounds for recognition] without dispute, Gap evidence No. 1, Eul evidence No. 4-1 and Eul evidence No. 4-2, and plaintiff's assertion as to the purport of the whole pleadings.

A. The secured claim in the registration of the establishment of the instant right to collateral security in the name of Defendant B is not practically a monetary transaction, and thus, the right to collateral security is not established at the time of establishment of the right to collateral security.

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