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(영문) 인천지방법원 2014.09.17 2012가합9870
근저당권말소
Text

1. The Defendant (Counterclaim Defendant) shall have the Suwon District Court as to each real estate stated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff is a partnership corporation for the purpose of agriculture, fisheries, and livestock industry, and the representative director is B, and the current director is B, C, and D.

E, F, and G are engaging in the two kinds of money business from November 2004 to November 1, 2004 in the name of “I” in Gyeonggi-gun H, and the representative is E.

The defendant started to supply feed to I from September 2010.

B. Both the Plaintiff and I are under the management of the Religious Organization Religious Order, and K substantially manages the Plaintiff and I.

L from around 2003, he worked as an employee in I, and has been engaged in the work of raising pigs, lending and trading, accounting management, etc.

C. On September 9, 2010, the Defendant completed the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) of the obligor E, the mortgagee, the Defendant, and the maximum debt amount of KRW 1 billion with respect to each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”). On March 2, 201, the Defendant completed the registration of the creation of the right to collateral security (hereinafter “the right to collateral security”) with respect to the obligor E, the mortgagee, the Defendant, and the maximum debt amount of KRW 1.5 billion with the instant collateral security (hereinafter “the right to collateral security”).

L was sentenced to imprisonment with labor for three years on October 7, 2013, with respect to the crime, etc. that “in order to complete the registration of creation of the second collateral mortgage in the instant case, the proxy, confirmation document, and mortgage contract in the name of the Plaintiff was forged and exercised,” and was sentenced to a punishment of imprisonment with labor for forging private documents, uttering of a falsified investigation document, etc.

(F) On May 29, 2014, the appellate court dismissed the above appeal (Seoul High Court 2013No561), and the above judgment became final and conclusive on June 6, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, 5, and

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