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(영문) 의정부지방법원고양지원 2019.04.12 2018가단79120
건설기계저당권말소등록절차이행청구의 소
Text

1. The Defendant completed D’s receipt on November 9, 2012 with respect to construction machinery listed in the separate sheet to the Plaintiff.

Reasons

According to the statements in Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 (including paper numbers), the plaintiff is the owner of construction machinery listed in the separate sheet (hereinafter "the construction machinery of this case"), Eul forged documents necessary for the registration of ownership change, such as a construction machinery transfer certificate in the plaintiff's name on November 9, 2012, and completed the registration of ownership change in the name of G on November 9, 2012 with respect to the construction machinery of this case, Eul borrowed KRW 60 million in the name of G from the defendant who was unaware of the above circumstances, and on November 9, 2012, Eul borrowed KRW 60 million in the name of G, and on November 20, 2012, the court affirmed the defendant as to the construction machinery of this case, and convicted the defendant of the above facts that the construction machinery of this case was forged with D on Nov. 9, 2012, and determined as follows:

According to the above facts, the registration of change of ownership in G name is null and void as it was completed without any cause by forged documents. Since the registration of creation of mortgage in this case in the name of the defendant, which was completed thereafter, is also null and void as it was based on the registration of invalidation of the above cause, the defendant is liable to implement the registration procedure for cancellation of the creation of mortgage in

The plaintiff's claim is accepted.

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