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(영문) 대구지방법원 2016.11.23 2016나7454
근저당권설정등기말소
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. G was the owner who completed the registration of ownership transfer on the instant real estate under the 80584, which was received on December 9, 1993 by the Seoggu District Court Branch of the Daegu District Court on June 29, 1992, and died on August 20, 200, and its heir C, children D, E, F, and Plaintiff (Appointed).

B. On May 15, 1994, the Defendant lent the amount of KRW 80 million to the above G on December 5, 1996 with the maturity of payment on December 5, 1996, and the interest rate of KRW 1% per 30% per month, and the above G prepared the above loan certificate and delivered it to the Defendant.

C. On November 26, 1996, the Defendant completed the registration of establishment of a neighboring mortgage (No. 61639, which was received on November 28, 1996) with respect to the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings (the plaintiff (appointed party) and the designated party asserted that the evidence No. 2 was forged, but no evidence to acknowledge it exists)

2. The parties' assertion

A. The claimant C does not borrow money from the defendant, and there is no fact that the network G borrowed money from the defendant.

In preparation for the case where the designated party C against the network G in the lawsuit of divorce, it is doubtful whether the establishment registration of the mortgage of this case was not made in collusion with the network G and the Defendant. Even if the Defendant lent money to the network G, the claim was extinguished ten years prior to the expiration of the extinctive prescription, and thus, the Defendant is also obligated to implement the procedure registration of cancellation of the registration of the right to collateral security, depending on the nature of the collateral security.

B. The Defendant alleged that the Defendant lent KRW 20 million to the deceased G and its wife C on several occasions, and the deceased G borrowed money on May 15, 1994 and drafted a loan certificate of KRW 80 million.

The due date for reimbursement.

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