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(영문) 부산지방법원동부지원 2017.10.20 2017가합102647
근저당권설정등기말소회복등기 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant B shall assist the Busan District Court with respect to the real estate stated in the attached list.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 18, 2012, Defendant B extended a loan of KRW 246,00,000 from the Plaintiff (hereinafter “instant loan”) and, in order to secure this, Defendant B completed the registration of the establishment of a neighboring mortgage of KRW 295,200,000 with respect to the real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “instant apartment”) on January 18, 2012, as the Busan District Court’s East Busan District Court’s Branch Office for the registration of the establishment of the mortgage of KRW 295,20,000 with respect to the real estate as indicated in the separate

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) B.

With respect to the management of collateral, such as the termination of a right to collateral with a loan, the Plaintiff requested a certified judicial scrivener in charge of the loan to terminate the right to collateral and deliver a power of attorney to the employee of the certified judicial scrivener office who visited the Plaintiff’s place of business. Upon receipt of the request of the Plaintiff, the certified judicial scrivener prepared a document necessary for termination of the right to collateral and received a copy of the certificate of registration from the Plaintiff or the serial number stated in

D was employed by the Plaintiff around January 200 and served as the vice head from June 2010 to December 2013, 2013, and was in charge of the affairs related to the loan of this case.

C. Around February 1, 2013, D, in collusion with E, forged the power of attorney in the name of the Plaintiff (hereinafter “the power of attorney of this case”) with a seal affixed to the Plaintiff’s corporate seal arbitrarily manipulatedd in the letter of delegation (hereinafter “the power of attorney of this case”) in the column for indication of “real estate” in the proxy form, “the cause and date of registration”, “the purpose of registration”, “the cancellation of collateral mortgage”, “matters to be cancelled” as “the creation of collateral security made on January 17, 2012 with the receipt of No. 2796,” and “a delegating” as “the obligor: the Plaintiff”, respectively, and then forged the power of attorney in the name of the Plaintiff (hereinafter “the power of attorney of this case”).

D and E above.

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