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(영문) 서울동부지방법원 2012.02.17 2010가단57917
근저당권말소
Text

1. Following the Defendant’s receipt of KRW 5,271,200 from the Plaintiffs:

A. List No. 1 shall be written to the Plaintiff A.

Reasons

1. Determination on this safety defense

A. The defendant alleged that the plaintiff Gap's attorney is an unauthorized representative. The defendant asserted that the plaintiff Gap's attorney was not granted the power of attorney from the above plaintiff. However, according to the records and the plaintiff's statement, it is sufficiently recognized that the above plaintiff granted his/her power of attorney to the plaintiff's attorney in this case. Thus, the defendant's defense on this part is without merit.

B. The defendant's decision on the assertion on the withdrawal of the lawsuit was made with the plaintiff A agreed to withdraw the part brought by the above plaintiff among the lawsuit in this case, and thus, the above plaintiff's lawsuit is unlawful. However, it is insufficient to recognize that the statement of the evidence No. 36 is sufficient to recognize that there was an agreement on the withdrawal of the lawsuit between the plaintiff A and the defendant as alleged in the plaintiff A, and there is no other evidence to acknowledge it.

2. The following facts do not conflict between the Parties:

Plaintiff

On December 31, 2007, the establishment registration of the right to collateral security (hereinafter “mortgage No. 1”) against the real estate listed in the attached list No. 1 of the attached list No. 1 owned by A was completed on December 31, 2007 with the receipt of the permanent resident registration office of the Daegu District Court No. 24025, Dec. 31, 2007 as the grounds for the establishment of the contract on December 31, 2007 as the maximum debt amount of KRW 200,000,000, the debtor A, the debtor A, and the mortgagee A,

B. As to each real estate listed in the separate sheet No. 2 attached to the list No. 2 (hereinafter “B”) owned by Plaintiff B (hereinafter “the instant real estate No. 2”), the establishment registration of a joint collateral security (hereinafter “mortgage No. 2”) was completed on December 31, 2007, with the amount of maximum debt KRW 400,000,000 as the ground for registration on December 28, 2007 as the receipt of the Dobong District Court’s registration office No. 12704, which received on December 31, 2007, and the contract to establish a contract on December 28, 2007 as the grounds for registration.

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