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(영문) 대구지방법원 2014.03.25 2013가단31059
근저당권말소등기
Text

1. Defendant A shall receive, on December 13, 1996, the Daegu District Court Cheongdo Office of Registry of Cheongdo with respect to the real estate stated in the attached Form C.

Reasons

1. Facts recognized;

A. On February 27, 1995, Daegu Mutual Savings and Finance Company loaned KRW 168,200,000 to C, and the Plaintiff acquired the above credit from the trustee in bankruptcy of the above credit cooperative on May 28, 2004.

B. On July 27, 2007, the Plaintiff filed a lawsuit against C with the Daegu District Court 2007Da32754, which sought payment of the said loan, and sentenced C to the judgment that “C shall pay to the Plaintiff 115,94,800 won and 106,292,285 won with interest of 21% per annum from March 30, 1997 to the date of full payment,” and the above judgment became final and conclusive as it is.

C. On December 13, 1996, C completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) with a maximum debt amount of KRW 100 million and the debtor C with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”). D, on October 27, 1998, completed the additional registration of the right to collateral security before the instant right to collateral security (hereinafter “instant right to collateral security”) against Defendant A due to the transfer agreement on August 29, 198.

In addition, on January 4, 1997, C completed the registration of creation of the right to collateral security with the obligor C (hereinafter “instant right to collateral security”) with respect to the instant real estate on the ground of transfer on August 5, 1998, E completed the additional registration of the instant right to collateral security on the ground of transfer on August 1, 1998 to Defendant B.

E. C does not have any property other than the instant real estate.

[Ground of Recognition] In the absence of dispute against Defendant A: The statement in Gap evidence 1-1, 2, 2-2, and 3-2, and the purport of the whole oral argument as to Defendant B: The assertion of confession

2. Determination as to the claim against Defendant A

A. The plaintiff asserts that the registration of establishment of a mortgage of the first place of the instant case transferred to the defendant A was invalid due to a false conspiracy, although the secured debt does not exist, the registration that was established falsely is invalid.

In full view of the testimony of the witness C, C, the whole purport of the pleadings, is as follows.

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