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(영문) 의정부지방법원 고양지원 2018.02.08 2017가단89502
근저당권설정등기말소등기청구의 소
Text

1. On July 31, 2013, the defendant shall be affiliated with the real estate stated in the attached list and shall be affiliated with the plaintiff and the Government District Court, Yangyang support registry office.

Reasons

1. On July 31, 2013, the establishment registration of a mortgage (hereinafter “establishment registration of a mortgage of this case”) was based on a contract to establish a mortgage on the same day, which is KRW 130 million to the creditor, the debtor, the maximum debt amount, 130 million.

On the other hand, the defendant's mother C also requires the defendant to cancel the registration of creation of a mortgage of this case.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 4, purport of whole pleadings]

2. As to the developments leading up to the establishment of the right to collateral security, the Defendant had established the right to collateral security with C at the first pleading date for pleading, while the Plaintiff was at the time of the second pleading from C about KRW 130 million for about 20 years, and it was difficult for the Plaintiff to bring about the establishment of the right to collateral security, and there was no consistency in the assertion, such as the Plaintiff’s establishment of the right to collateral security. The Defendant stated that the Plaintiff would cancel the establishment registration of the right to collateral security at the time of the joint signature of the Plaintiff and his mother C, and that there was no money transaction between the Defendant and the Plaintiff.

If so, the establishment registration of the neighboring mortgage of this case should be cancelled because the secured debt does not exist, so it is decided as per Disposition.

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