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(영문) 수원지방법원안양지원 2015.05.22 2013가단103320
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B completed the registration of ownership transfer for sale on May 4, 2006 with respect to No. 211, 2, 2006, 2, 2, and 2, 2, 2, 2, and 1, 3,000 (hereinafter “instant real property”).

B. D, May 4, 2007, the loan application amount of KRW 22,00,000, the security type of real estate and the security type of real estate indicated in B, etc., and delivered one copy of the loan consultation and application form to the Defendant. On the same day, D entered into a loan transaction agreement with the Defendant on a floating rate of KRW 22,00,000,000, and interest rate of KRW 22,000,000 with the loan transaction agreement of this case (hereinafter “the loan transaction agreement of this case”), and signed the loan transaction agreement of this case with the Defendant, and signed and sealed

C. As to the instant real estate owned by B, on May 4, 2007, the maximum debt amount was KRW 26,400,000, and the obligor and the mortgagee of the right to collateral security (hereinafter “the instant right to collateral security”) were registered with the Defendant’s right to collateral security (hereinafter “the instant right to collateral security”).

B married to E, F, D, and G, and E died on November 19, 1976, and B on March 29, 2013.

F was married to H on July 20, 1979, and was married to H, and was married to the Plaintiff, I, and J, and died on January 20, 2004.

[Ground of recognition] Gap evidence 1, Gap evidence 2, Gap evidence 4, Gap evidence 6, and Gap evidence 7

2. Determination

A. Where a registration has been completed with respect to a real estate, the presumption of registration is presumed to have been completed lawfully in its cause and procedure unless there are any special circumstances (see, e.g., Supreme Court Decisions 94Da23524, Apr. 28, 1995; 2001Da72029, Feb. 5, 2002). In the event the establishment registration of a mortgage was completed in the same manner as the instant case, it is presumed that the registration was lawful and the state of true right is announced publicly, and thus, it is presumed that the registration was unlawful, and thus, the other party who asserts that the registration was completed is responsible to prove the opposing fact that it is reversed (see, e.g., Supreme Court Decision 200Da72763, Apr. 10, 201); and

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