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(영문) 서울동부지방법원 2014.07.04 2013가합6108
근저당권설정등기말소
Text

1. Defendant D shall have jurisdiction over the Plaintiff with respect to each real estate listed in the attached list No. 2 of the real estate.

Reasons

1. The Plaintiff determined the claim against Defendant D was in de facto marital relationship with F from around 1994 to around 2008. However, F shall be deemed to have led Defendant D to the establishment registration of a mortgage on each real estate listed in the attached Table No. 2 list of the real estate owned by the Plaintiff as of July 26, 2006, under the 19757 receipt of the maximum debt amount of 60,000,000,000 won, the debtor, the debtor, and the mortgagee of the right to collateral security. At the time of the registration of the establishment of a mortgage on each of the above collateral security, F was not delegated any authority by the Plaintiff, the owner of the right to collateral security at the time of the registration of the establishment of a mortgage on each of the above collateral security.

Therefore, since the presumption that the establishment registration of a mortgage was completed lawfully is reversed, and it is invalid without any legitimate reason, Defendant D is obligated to implement the procedure for registration of cancellation of the establishment registration of a mortgage of each of the above neighboring areas to the Plaintiff.

2. Determination as to claims against Defendant B, C, and E

(a) The following facts may be acknowledged, either in dispute between the parties or in full view of the statements in Gap evidence 1-1 (the same as Eul evidence 1-3), 2-3 (the same as Eul evidence 1-2) and the witness F's testimony, the whole purport of the arguments is as follows:

(1) The Plaintiff was in de facto marital relationship with F from around 1994 to around 2008.

(2) As to each real estate listed in the list of the attached real estate No. 1 owned by the Plaintiff to Defendant B, F: (a) as to the registration of establishment of a mortgage for each real estate listed in the list of the attached real estate No. 1 attached hereto, the Chuncheon District Court of 130,000,000 won, the maximum debt amount of which is 130,000,000 won, the debtor F, the mortgagee, and the Defendant B, and (b) as to each real estate listed in the list of the attached real estate No. 1 attached hereto owned by the Plaintiff to Defendant C; (c) as to the registration of establishment of a mortgage for the maximum debt amount of which is 70,000,000,000 won, the debtor, the mortgagee, and the Defendant C, the mortgagee, the mortgagee, and the mortgagee of the attached real estate; and (c) as to the Defendant E,

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