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(영문) 수원지방법원 2016.06.02 2015가단136261
근저당권말소
Text

1. The defendant shall make a registration office of the Suwon District Court with respect to the portion of 1/5 of the 1,091 square meters of forest C in Sungsung City to the non-party B.

Reasons

1. Basic facts

A. On October 24, 2012, the Plaintiff filed a claim for reimbursement against B with the Seoul Central District Court Decision 2012 Ghana45907, and was sentenced by the said court to “B shall pay the Plaintiff KRW 13,813,564,” and the said judgment was finalized on November 27, 2012.

B. On March 10, 2004, B completed on March 10, 2004, the registration of creation of a neighboring mortgage against the Defendant with respect to the portion of 1/5 out of 1,091 square meters of C forest land (hereinafter “the instant real estate”) in Sungsung-si, the Defendant completed the registration of creation of a mortgage against the obligor B and the mortgagee as the Defendant.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.

B is currently insolvent.

【Ground of recognition】 without any dispute, Gap evidence Nos. 1, 3, and 4-1, 2, 3, and 5-1, 2, and 5; each fact-finding conducted by the Ministry of Land, Infrastructure and Transport, and the Court Administration; the purport of the whole pleadings

2. The parties' assertion

A. Since Plaintiff B entered into a false mortgage contract in collusion with the Defendant, the establishment registration of the instant neighboring mortgage was null and void based on false conspiracy. Even if the establishment registration of the instant neighboring mortgage is valid, the extinctive prescription for the secured claim was completed ten years after the date of the establishment of the said collective security right.

Therefore, upon the plaintiff's request by the defendant, the defendant is obligated to implement the procedure for registration of cancellation of the registration of the establishment of the mortgage of this case to B.

B. On December 24, 2003, the Defendant lent KRW 250,000 to Defendant B, and thereafter, concluded the instant mortgage contract on March 9, 2004 in order to secure the Defendant’s obligation to Defendant B, and completed the said registration of creation of a collateral on the portion of KRW 1/5 of the instant real estate.

After that, the defendant again lent to B KRW 10,000,000 on April 10, 2006, and KRW 10,000 on May 10, 2006.

Therefore, there is a loan obligation against the defendant B, which is the secured debt of the establishment registration of the neighboring mortgage of this case, and the last loan date for the loan to B is the date of the last loan.

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