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(영문) 수원지방법원 2017.05.18 2016나12424
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 2 and 7 may be admitted by integrating the whole purport of the pleadings.

1) As to the instant building, the current status of the establishment registration of a neighboring mortgage on the instant building 1) the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant building”).

On June 22, 2010, the Suwon District Court received a 16,900,000 won (the maximum debt amount), the debtor and the mortgagee C (the wife of the defendant), under No. 86267, which is the birth of D, the wife of the defendant).

(1) The registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) based on the contract on June 18, 2010 as of June 18, 2010

(2) As to the instant building, on August 17, 2010, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) was completed on August 13, 2010, on the ground of a contract concluded between the Plaintiff and the mortgagee as D, and on August 13, 2010.

3) On October 4, 2013, the Defendant filed a complaint with the Defendant on October 1, 2013, to the effect that the registration of the establishment of a collateral security (hereinafter “relevant complaint”) was completed in addition to the registration of the establishment of a collateral security (hereinafter “the registration of establishment of a collateral security”) on October 1, 2013 with the effect that the Defendant would change the mortgagee into the Defendant. (b) On April 1, 2013, the Plaintiff’s husband, E, the husband of the instant complaint case and the case without complaint, made a decision to the effect that “the Defendant, upon completing the registration of the establishment of a collateral security (hereinafter “relevant complaint”) was forged by arbitrarily using the seal imprint and a certificate of personal seal issued by the Plaintiff, and forged the power of attorney in the name of the Plaintiff by forging the registration of establishment of a collateral security (hereinafter “the registration of establishment of a collateral security”) and the prosecution,

Rather, E has the authority to file an application for registration of the establishment of the neighboring mortgage of this case with the Defendant around August 17, 2010, due to the relevant accusation case.

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