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(영문) 수원지방법원 2015.01.22 2013나18599
근저당권말소등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the instant apartment, and the Plaintiff’s children, who lived with the Plaintiff, had been in actual condition, provided the instant apartment as security and received money without the Plaintiff’s permission, leading to the obligees’ demand for the repayment of obligations.

B. On January 12, 2010, E issued the Plaintiff’s certificate of personal seal impression on behalf of the Plaintiff. On February 19, 2010, E stated the purport of delegation of the act regarding the application for registration at the office of “O company” located in Yeongdeungpo-gu Seoul Metropolitan Government, as the maximum amount of debt regarding the apartment of this case, and as the person responsible for registration, indicated the applicant as the applicant for registration with respect to the apartment of this case on the proxy form printed, and attached the seal identical to the Plaintiff’s seal impression on the said certificate of personal seal impression, and forged the power of attorney under the Plaintiff’s name (Evidence A-2) and offered it to Defendant B via the loan broker.

Based on the above documents on February 19, 2010, the registration of establishment of a neighboring mortgage-holder B was completed on February 19, 2010 by the Suwon District Court Registry of Mawon District Court (Seoul District Court Decision 21826, Feb. 19, 2010) as the maximum debt amount of KRW 90 million, the debtor, the plaintiff, and the mortgagee B.

(hereinafter referred to as “the establishment registration of the first place of the instant case”) C.

E On December 13, 2010, at the New-dong Community Service Center in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, issued two copies of the Plaintiff’s certificate of personal seal impression as if the Plaintiff applied for the issuance of the Plaintiff’s certificate of personal seal impression while having the Plaintiff hold the Plaintiff’s identification card and make the Plaintiff pretend to do so. B at the office of “I Company” as referred to in Article 203 of the Plaintiff’s certificate of personal seal impression.

The letter of delegation, etc. required for the registration of the establishment of a neighboring mortgage was prepared and provided to Defendant C through the loan broker with the above certificate of the personal seal impression.

Accordingly, on the ground of the contract to establish the apartment of this case on December 13, 2010, the Act No. 177186, Dec. 13, 2010, received as of December 13, 2010.

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