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(영문) 대전지방법원 홍성지원 2021.01.13 2020가단33827
근저당권말소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On June 10, 2014, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “right to collateral security”) with respect to the said real estate by the Daejeon District Court Order No. 13230, Jun. 10, 2014.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The party's assertion and judgment

A. (i) The Plaintiff’s assertion did not borrow money from the Defendant, and there was no conclusion of a contract to establish a mortgage on the said real estate.

Therefore, the Defendant, as the owner of the above real estate, is obligated to implement the registration procedure for cancellation of the above mortgage creation registration.

B. The plaintiff's assertion was delegated to the defendant's mother C with the authority to execute the lending and borrowing contract of money and the contract to establish a mortgage. Accordingly, since the defendant concluded a lending and borrowing contract of money and the contract to establish a mortgage with the plaintiff's agent C, the above right to collateral security has been duly established, and there is no obligation to perform the cancellation registration procedure.

B. In full view of the overall purport of the pleadings in each of the above evidence and evidence Nos. 3, Eul evidence Nos. 1 through 7, the plaintiff's mother C entered into a loan agreement with the defendant as of June 10, 2014 with the contents of the plaintiff's joint and several surety, joint and several surety, loan money of KRW 15 million, interest rate of KRW 2.9% per month, overdue interest rate of KRW 3%, overdue interest rate of KRW 3% on September 10, 2014; ② the defendant remitted KRW 10 million to the plaintiff's Agricultural Cooperative account (D) on June 10, 2014; ③ the defendant was issued a certificate of KRW 10 million on June 5, 2014, which was five days before the above contract date by the plaintiff himself/herself, as of June 10, 2014, and ④ the plaintiff was issued a certificate of KRW 30 million as of June 5, 2014.

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