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(영문) 서울남부지방법원 2019.02.01 2018가단3636
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the evidence No. 1-1 and No. 2-2 of the basic facts, it is recognized that the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of each of the instant facilities”) with respect to real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 1 owned by the Plaintiff was completed on November 7, 2016 by the Seoul Southern Southern District Court’s registry No. 173955, Nov. 7, 2016; and the Seoul Southern Southern District Court’s registration No. 173956, Nov. 7, 2016; each mortgagee of a collateral security, Defendant C Co., Ltd. (hereinafter “C”); and the maximum debt amount of each of the instant facilities

2. Determination as to the cause of action

A. A. Around October 29, 2016, the Plaintiff received the proposal from D that “each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) shall be paid KRW 5 million with a down payment to be purchased at KRW 175 million, and then a conditional sales contract shall be drawn up at KRW 5 million.” On November 7, 2016, D and each of the instant real estate shall be sold at KRW 175 million with a purchase price. (ii) D shall present documents to the Plaintiff to receive goods from E company in advance, and accordingly, the Plaintiff signed and delivered documents as required by the employees of the certified judicial scrivener’s office, and accordingly, the Plaintiff signed a sales contract after entering his name in each of the instant registration of the instant real estate in the documents as required by the employees of the certified judicial office.

3) After the establishment of a mortgage, D did not implement the above sales contract, and the Plaintiff filed a criminal complaint against D, etc. by fraud. Therefore, if the establishment of a mortgage registration for each of the instant units of the instant units of the instant units of the instant units of the instant case was completed, the registration is required to be cancelled. (B) In the event that the establishment registration for a mortgage was completed, the registered titleholder is the mortgagee of the right to collateral security, or the registration was lawfully acquired by the contract establishing a mortgage, which is the grounds for registration, or duly satisfying the requirements for validity

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