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(영문) 춘천지방법원 영월지원 2018.10.24 2018가단10048
근저당권설정등기말소청구
Text

1. On November 5, 2014, the Defendant: (a) on each real estate listed in the separate sheet to the Plaintiff, the Pyeongtaek District Court of Chuncheon on each of the real estate stated therein.

Reasons

1. Determination as to the cause of claim

A. Considering the following facts and circumstances, it is reasonable to view that the registration of creation of each of the real estate listed in the separate sheet (hereinafter “instant real estate”) stated in the Defendant’s name regarding each of the real estate listed in the separate sheet (hereinafter “instant real estate”) is null and void due to an act of disposal by an unauthorized authority.

Therefore, the Defendant, as the owner of the instant real estate, is obligated to implement the registration procedure for cancellation of the registration of establishment of each of the instant real estate.

1) On November 5, 2014, the Defendant paid KRW 15,000,000 to C (the Plaintiff’s punishment) who refers to the Plaintiff, and C as the mortgagee on the same day, with regard to the instant real estate owned by the Plaintiff, the Defendant as the mortgagee, and with regard to the instant real estate owned by the Plaintiff, the registration of creation of a neighboring mortgage as indicated in paragraph (1) of this Article (hereinafter “instant collateral security”).

(2) The interest on the above loan was paid by C to the Defendant, and there is no circumstance to deem that the Plaintiff received some of the above loan.

3) C, other than the Plaintiff, prepared a mortgage contract in the name of the Plaintiff for the establishment of the instant mortgage, and affixed the Plaintiff’s seal imprint on the said contract. 4) The Plaintiff obtained a loan for agricultural funds by collateral the instant real estate. The Plaintiff asserted that the Plaintiff’s seal imprint was stored in the house where the Plaintiff’s mother and sibling were residing. The Plaintiff’s seal imprint certificate attached at the time of the establishment of the instant mortgage was issued by the office of Pyeongtaek-gun, other than the Plaintiff’s domicile.

B. As to this, the Defendant asserts that the effect of the instant mortgage contract extends to the Plaintiff according to the legal doctrine of expression agency under the Civil Act.

However, the plaintiff's seal imprint is the plaintiff's mother.

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