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(영문) 수원지방법원 2013.04.05 2011가단90978
근저당권말소등기
Text

1. As to the real estate listed in the separate sheet to the Plaintiff:

A. Defendant B is the Suwon District Court’s Suwon District Court’s registry office on February 2010.

Reasons

1. Facts of recognition;

A. The Plaintiff is the mother of E as the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate, the establishment registration of the right to collateral security (hereinafter “registration of the right to collateral security”) was made on the ground of the contract concluded as of February 19, 2010, with the Suwon District Court, the Suwon District Court, registration office, and office of registry as of February 19, 2010, with the maximum debt amount of KRW 90,000,000,000,000,000,000 for the debtor, Defendant B as of December 13, 2010 (hereinafter “registration of the right to collateral security”) and the establishment of the right to collateral security (hereinafter “registration of the right to collateral security”) was made on the ground of the contract signed as of December 13, 2010, with the registration of the right to collateral security (hereinafter “registration of the right to collateral security”) of KRW 45,00,000,000,0000 for five hundred five years,05,000,000 won and five,05,05,000.

C. On November 18, 2011, Defendant C completed a supplementary registration of the right to collateral security transfer made on November 18, 201 with respect to the registration of the creation of the instant second collateral security. D.

E was urged to repay debts under the actual condition, but it was necessary to secure the loans from credit service providers, etc., and therefore, despite the Plaintiff’s failure to obtain the consent or the power of representation on the establishment of the right to collateral security or the right of representation on the instant real estate, E decided to offer the instant real estate as a collateral and obtain a loan.

Since then, E is issued as a proxy or through a name-free box with which the plaintiff's movement took place.

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