logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2019.02.12 2018가단101976
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet.

B. On September 8, 2017, the Plaintiff entered into a sales contract with respect to the remainder of 50/201 shares of each real estate listed in the separate sheet and each real estate listed in paragraphs 1 and 2 of the separate sheet (hereinafter “instant sales contract”) (for the aforementioned 50/201 shares, a sales contract was entered into on behalf of the Plaintiff for D who is the owner), and was paid 125.6 million won for the down payment from C on the same day. Of them, the Plaintiff paid 15 million won to E who arranged the instant sales contract.

C. On September 8, 2017, the Defendant determined 200 million won as interest rate of 2% per month and lent to C. D.

The document establishing the right to collateral security (hereinafter “the document establishing the right to collateral security”) drawn up on September 8, 2017, states that the Plaintiff establishes the right to collateral security (hereinafter “the right to collateral security”) with respect to each real estate listed in the separate sheet, with respect to each real estate listed in the separate sheet, and that the Plaintiff establishes the right to collateral security (hereinafter “the right to collateral security”) with respect to each real estate listed in the separate sheet. The Defendant completed the establishment of the right to collateral security (hereinafter “the right to collateral

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff prepared a written mortgage contract of this case. E and C, the buyer of this case, deducted the Plaintiff’s certificate of personal seal from the Plaintiff, affixed the Plaintiff’s certificate of personal seal to the proxy letter of application for the establishment of mortgage, affixed the Plaintiff’s certificate of personal seal to the Plaintiff’s proxy letter of application for the establishment of mortgage, and affixed the contents of the confirmation document in hand, and had the Plaintiff write the Plaintiff’s written name in the written form and sign it through F judicial scrivener without knowing the content thereof.

arrow