logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.17 2017나211260
근저당권말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff was in de facto marital relationship with C from around 1999 to 2014.

B. C around November 2014, borrowed KRW 50 million from the Defendant (hereinafter “the instant loan”).

C. On November 10, 2014, C received the Plaintiff’s certificate of personal seal impression as the Plaintiff’s representative, using the Plaintiff’s seal imprint, resident registration, etc. at the E-dong community service center located in Namyang-si, Chungcheongnam-si.

C around November 2014, around November 2014, the Defendant agreed to set up a right to collateral security under the name of the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff by setting the instant loan obligation as the secured obligation.

C On November 10, 2014, at Samsung C C C C, the Defendant issued G employee G, who was delegated by the Defendant with the duty of creating a right to collateral security, with the Plaintiff’s personal seal impression, certificate of personal seal impression, etc., and the Plaintiff did not sit in the same position.

E. Around November 2014, an employee of the F-Attorney prepared an application for registration of creation of collateral security, power of attorney, etc. with the maximum debt amount of KRW 70 million, the obligor C, the person responsible for registration, the Plaintiff, the person liable for registration, and the person liable for registration, and submitted it to the Namyang District Court of the Republic of Korea.

F. As to the instant real estate, under Article 124175 of the Namyang District Court’s receipt of November 11, 2014, the establishment registration of the right to collateral security (hereinafter “instant right to collateral security”) was completed on the ground of a contract signed on November 10, 2014, which was the maximum debt amount of KRW 70 million, the debtor C, and the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”).

G. C left the first instance court witness and agreed to liquidate a de facto marital relationship with the Plaintiff on or around June 2014, and went back to the Plaintiff on or around October 2014. However, C returned to the Plaintiff on or after a few months thereafter.

[Attachment].]

arrow