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(영문) 서울남부지방법원 2014.08.22 2013가합100966
근저당권말소
Text

1. The Seoul Southern District Court regarding the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On November 15, 2012, B, the Plaintiff, as the Plaintiff, forged a power of delegation to delegate all acts concerning the application for registration of real estate and the withdrawal thereof, with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff, and completed the registration of creation of a neighboring mortgage on November 15, 2012, as to the instant real estate, as indicated in the order that the obligor, Inc., Ltd., the mortgagee, the mortgagee, and the maximum amount of debt KRW 70 million.

(hereinafter “instant collateral security”). B.

C On January 24, 2013, due to a contract transfer as of January 15, 2013, the Defendant completed the supplementary registration of the transfer of the instant right to collateral security on the ground of the transfer of the right to collateral security, and again, on April 23, 2013, the Defendant completed the supplementary registration of the transfer of the right to collateral security that is transferred to the Defendant Intervenor on April 22, 2013.

(c) B: A.

As stated in paragraph (1), one year was sentenced to imprisonment with prison labor for the criminal facts that forged and exercised the power of attorney in the name of the plaintiff (Seoul Southern District Court 2013Ma2324), and the above judgment became final and conclusive thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 18, 20, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the right to collateral security of this case is null and void since it was established by B without the authority to act for the plaintiff, and thus, the defendant acquisition intervenor is obligated to implement the procedure to cancel the registration of creation of collateral security of this case

B. The defendant takeover intervenor asserted that the plaintiff withdrawn the application for voluntary auction of the real estate of this case to the defendant takeover intervenor while the lawsuit of this case is pending and proposed to pay KRW 100 million to the plaintiff in the lawsuit of this case under the condition that the plaintiff can win the lawsuit of this case, and confirmed the act of unauthorized Representation B. However, the ratification of the act of unauthorized Representation is effective with his knowledge that it was invalid.

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