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(영문) 창원지방법원진주지원 2014.04.16 2013가단4643
근저당권설정등기말소 등
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 the instant real estate. Around June 3, 2010, the Plaintiff issued a certificate of personal seal impression, a certificate of personal seal impression, a resident registration certificate, and a registration right to the instant real estate (hereinafter “certificate of personal seal impression, etc.”) directly issued to Chokon B.

B. B, in order to obtain a loan equivalent to KRW 100 million from the Defendant on the same day, presented a certificate of personal seal impression, etc. issued by the Plaintiff to the Defendant, and concluded a mortgage and superficies contract on the instant real estate between the Plaintiff and the Defendant. On June 4, 2010, the Defendant concluded a registration of creation of superficies over 30 years from June 3, 2010, with respect to the instant real estate as to the establishment of a mortgage and superficies contract between the Plaintiff and the Defendant.

C. On June 1, 2011, the Plaintiff again issued a certificate of personal seal impression, etc. issued directly by the Plaintiff to B. On July 1, 2011, B presented the Plaintiff’s personal seal impression, etc. to obtain additional loans of KRW 100 million from the Defendant, and entered into a contract for the alteration of collateral security (the total sum of the aforementioned contract, superficies contract, and agreement for the alteration of collateral security (hereinafter “instant collateral agreement”) with the Plaintiff and the Defendant, which increases the maximum debt amount as to the instant real estate as KRW 260 million. On July 7, 2011, the Plaintiff registered the alteration of collateral security on the instant real estate in accordance with the aforementioned alteration agreement.

On March 14, 2013, the Plaintiff filed a complaint against B and C, etc. in charge of the instant collateral agreement as an employee of the Defendant, on suspicion of forging private documents.

B In this case, the certificate of the Plaintiff’s personal seal impression, etc. is issued from the Plaintiff on the ground that it is necessary to build a forest road to the Plaintiff.

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