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(영문) 수원지방법원 2015.06.25 2014나46058
근저당권설정등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 15, 2002, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) on December 3, 199 and completed the registration of ownership transfer in its name on October 15, 2002.

B. Around May 2012, the Plaintiff: (a) caused the failure to operate an Internet shopping mall; (b) and (c) thereafter, (d) provided a loan to a lending broker who became aware of at least the loan-related Internet car page after having joined the loan-related Internet page.

C. In accordance with the direction of the above loan broker, E: (a) issued the Plaintiff’s seal imprint under the name of the Plaintiff similar to the Plaintiff’s seal imprint; (b) forged the Plaintiff’s certificate of the seal imprint and forged the Plaintiff’s power to file an application for the registration of the establishment of a mortgage on the instant real estate; (c) on June 15, 2012, the Suwon District Court king Branch Office of the Suwon District Court received KRW 120,000,000 on the instant real estate as the maximum debt amount received on June 15, 2012, and (d) transferred KRW 80,000,000 to one bank account under the Plaintiff’s name (hereinafter “the instant bank account”); and (c) B transferred KRW 30,000 to the Plaintiff’s account opened later.

E, in the idea of cancelling the registration of the establishment of the first place of credit loan, he consulted with other credit service providers on the Internet around September 2012.

E. As to the instant real estate thereafter, the Suwon District Court of the Republic of Korea rendered the registration of the establishment of the neighboring mortgage (hereinafter “the creation of the second neighboring mortgage”) with respect to the registration of the establishment of the establishment of the creation of the neighboring mortgage (hereinafter “the creation of the second neighboring mortgage”) against the maximum debt amount of KRW 225,00,000,000 on September 12, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, 9 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. The registration of the establishment of the creation of the second neighboring mortgage of the Plaintiff 1 by the parties concerned is the Plaintiff.

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