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(영문) 수원지방법원안산지원 2016.05.10 2015가단29237
근저당권말소등기의 회복등기절차이행
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs was established on January 20, 2009 with respect to the instant apartment owned by the Defendant, a type of E, in order to secure 100 million won of the loan claim against E.

B. The Defendant originally provided E with a security only for a few months, which did not comply with the E’s promise, concluded that “E would create a new collateral security interest in the future of the Plaintiffs, after cancelling the temporary Plaintiffs’ collateral security right to extend the maturity period of the Cit Bank’s collateral loan rather than the Plaintiff’s collateral security right, if extended, it would again create a new collateral security interest in the future.”

C. Accordingly, around June 9, 2009, E sent the Defendant’s intent to the Plaintiffs, and the Plaintiffs believed that they delegated E the right to file an application for cancellation of the right to collateral security and notified E of the password of the necessary registration information.

The plaintiffs' right to collateral security was cancelled this day.

Since then, the plaintiffs requested the defendant to set up the right to collateral security again, but the defendant refused to set up the right to collateral security.

[Evidence - The contents of Paragraph 2 on the grounds of cancellation of the plaintiffs' right to collateral security are acknowledged by the defendant (Article 4-2 of the first preparatory document). On the other hand, while the plaintiffs did not permit cancellation of the plaintiffs' right to collateral security, they merely known the secret number of the information on completion of registration as necessary for extension of the loan of the CTT Bank, and E forged the application for registration in the name of the plaintiffs and deleted the right to collateral security due to invalidity of the cause. It is not only the last day of the extension of CT Bank's collateral security, but also it is hard to accept as a general public, and it is presumed that the registration has been completed lawfully, and the fact that it is invalid is proved by the claimant. It is next to this case.

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