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(영문) 부산지방법원동부지원 2016.07.13 2015가단217302
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Although the registration of establishment of a neighboring mortgage as stated in the purport of the claim was completed on the land of this case where the plaintiff asserted as the right holder, the plaintiff did not borrow money from the defendant, nor did he concluded a mortgage contract with the defendant.

Therefore, the Defendant, as the owner of the instant land, is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the foregoing neighboring mortgage, which is invalid

2. Where the registration of establishment of a mortgage was completed, the registration is presumed to have been lawful and to have disclosed the state of true right, and thus, the party who asserts that the registration was unlawful is responsible to prove the facts of objection sufficient to reverse such presumption.

(1) The Plaintiff is the owner of the instant land, and the Plaintiff is the owner of the instant land and the maximum debt amount of which is KRW 150,000,000,000,000,000,000,000,000 won was completed according to the evidence No. 1 (see, e.g., Supreme Court Decision 200Da72763, Apr. 10, 200).

Inasmuch as no evidence exists to reverse the presumption of evidence, such as the counterclaim that proves that there is no secured claim or that there is no secured claim, the plaintiff's assertion cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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