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(영문) 제주지방법원 2020.06.18 2019가단6903
근저당권설정등기말소
Text

1. As to the Plaintiff’s forest No. 5,012 square meters in Seopo-si, Seopo-si, Seopo-si, Jeju District Court on August 30, 2019.

Reasons

1. Comprehensively taking account of the facts without dispute over recognition and the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 5, the plaintiff completed the registration of creation of collateral security and superficies (hereinafter "registration of this case") on August 30, 2019 by borrowing 400 million won from defendant Eul through defendant Eul. However, the defendant Eul embezzled 100 million won out of his borrowed money by using his/her own repayment of his/her own debt, 406,080,000 won on December 30, 2019 during the lawsuit of this case, and 1,531,260 won on May 8, 2020 to the defendant Eul, each of whom was deposited without objection, can be recognized.

2. Claim against the defendant B

A. The plaintiff asserts to the effect that the plaintiff did not agree to provide the land specified in Paragraph (1) of the plaintiff's ownership as security, and that the contract for the establishment of the registration of this case is null and void of the cause made without agreement between the plaintiff and the defendant, or is made by the defendants' deception, and thus revoked.

However, in light of the fact that the Plaintiff received KRW 200 million from Defendant C, and that documents concerning the registration of this case were prepared by the certified judicial scrivener office after confirmation, this assertion cannot be accepted because the evidence submitted by the Plaintiff alone cannot be accepted.

B. As the Defendant B received the Plaintiff’s deposit without objection and appropriated the Plaintiff’s deposit for payment, as well as the secured debt indicated in the disposition of the right to collateral security has ceased to exist, the registration of this case in order to secure the obligation should also be cancelled.

Therefore, Defendant B should implement the procedure to cancel the instant registration to the Plaintiff.

3. The defendant C committed a tort using 100 million won for the repayment of individual debt, such as the fact of recognizing the claim against the defendant C. Thus, the defendant C is more than 100 million won against the plaintiff.

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