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(영문) 대구지방법원 2014.11.05 2014나301404
근저당권말소 등
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. The parties' assertion

A. The plaintiffs' assertion that they did not borrow money from E or the defendant, and the plaintiff Eul did not have completed the registration of the establishment of the creation of the creation of the creation of the root of this case to the defendant as a security for the defendant's debt against the plaintiff Eul, and Eul completed the registration of the establishment of the creation of the creation of the creation of the root of this case under the defendant's name at will (or by means of a

Therefore, since there is no obligation under a monetary loan agreement between the plaintiff A and the defendant, the defendant is obligated to implement the procedure for cancellation registration of the registration of the establishment of the mortgage of this case, which is null and void of the cause.

B. The Defendant’s assertion that: (a) delegated the right of representation and the preparation of a loan certificate concerning the conclusion of a mortgage contract with the Defendant regarding each of the instant real estate from the Plaintiffs; (b) concluded a mortgage contract with the Defendant, and completed the registration of establishment of a mortgage; and (c) transferred the instant claim to the Defendant by again delivering a loan certificate issued by the Plaintiff to the Defendant; (b) the Defendant is a creditor against the Plaintiff and the registration of establishment of a

2. Determination as to the cause of claim

A. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged in full view of Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1, 2, 3, 6, and 12 (including paper numbers), the fact inquiry results with respect to the joint office of Korean certified judicial scrivener at the court of first instance, and the whole purport of arguments.

1) Plaintiff B is the father of Plaintiff A, and Plaintiff D is the mother of Plaintiff A. 2) Plaintiff A borrowed KRW 15 million from E on August 19, 2009.

Plaintiff

A A prepared a loan certificate stating the loan amount of KRW 150 million (hereinafter “the first loan certificate”) from E at the time of the receipt of the said amount of KRW 135 million from E, and delivered it to E.

Since then, the plaintiff A additionally 103.3.

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