(영문) 의정부지방법원 2020.02.12 2018가단127156

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(영문) 의정부지방법원 2020.02.12 2018가단127156

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

B. On August 28, 2012, the Plaintiff: (a) issued and delivered a loan certificate stating that “the Plaintiff borrowed KRW 70 million from E at an annual interest rate of KRW 24 million; and (b) due date of repayment on December 27, 2012 (hereinafter “the loan certificate of this case”); (b) completed the registration of creation of a mortgage with respect to each of the instant real estate owned by the Plaintiff on August 30, 2012 in order to secure the loan obligation of KRW 70 million; (c) completed the registration of creation of a mortgage with the content of KRW 100 million with respect to each of the instant real estate owned by the Plaintiff, including KRW 10,00,000,000,0000,000 to D without delivering it to the Plaintiff; and (d) revoked the registration of creation of a mortgage on September 6, 2012.

C. After doing so, the Plaintiff prepared a letter of delegation to the Defendant B, stating that “The maximum debt amount is KRW 30 million due to the establishment registration of a collateral security contract on April 11, 2013 with respect to each of the instant real property, and the obligor was delegated to the Defendant C, a certified judicial scrivener, each application for the establishment registration of a collateral security contract on June 7, 2013, with respect to each of the instant real property, and that “the appointment of a sub-agent is permitted” (hereinafter referred to as “the letter of delegation of this case”).

Defendant B, the chief secretary of Defendant C’s office, filed an application for the registration of creation of a mortgage (No. 30219, which is the maximum debt amount, KRW 30 million with respect to each of the instant real estate, with the Plaintiff on April 11, 2013, and completed the registration of creation of a mortgage (No. 30219, which is the Government Registry of the Jung-gu District Court), which is the Plaintiff’s obligor, on June 7, 2013, and the registration of creation of a mortgage (No. 50197, which is the receipt of the same registry, and hereinafter “the registration of creation of a mortgage of this case”).

【Ground of recognition” has no dispute, Gap 1 to 7 evidence, and Eul .

유사 판례

-의정부지방법원 2020.02.12 2018가단127156

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