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(영문) 서울중앙지방법원 2014.10.10 2014가합526873
공제금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) The registration of the establishment of the instant neighboring land and the registration of additional registration (hereinafter “instant land”) of Pyeongtaek-si B forest land 7,498 square meters (hereinafter “instant land”) are owned by C.

Around November 2009, G who misrepresented E and C, the representative director of D (hereinafter referred to as D) and F, who misrepresented C, and C, misrepresented the instant land as collateral without the consent of C (hereinafter referred to as “E, etc.”) issued a mortgage contract, a certificate of personal seal impression, etc. necessary for the establishment of a collateral (hereinafter referred to as “instant collateral security document”) to the J of the I certified judicial scrivener’s office, upon request of the I certified judicial scrivener’s office for the establishment of a collateral security to borrow the instant land as collateral without the consent of C.

She kept the I certified judicial scrivener office on November 13, 2009, and B kept the instant collateral security documents, and issued the instant collateral security documents to the staff of the K Korean judicial scrivener office at the office of the certified judicial scrivener operated by K, while having the collateral security documents of this case and having them handle the registration affairs.

On November 13, 2009, the establishment registration of the mortgage of this case was completed with respect to the land of this case with the content that the employees of the K Certified Judicial Scriveners Office submitted to the Suwon District Court, the Suwon District Court, to the debtor D, the mortgagee L, and the maximum debt amount of 1.5 billion won.

Article 22(1) of the Civil Act provides that “A credit service provider M shall pay 300 million won interest per month to the Plaintiff and shall transfer the instant right to collateral.” On November 17, 2009, the Plaintiff shall complete the additional registration of the instant right to collateral security on the ground that the instant right to collateral security was transferred to the Plaintiff on November 17, 2009, and then paid KRW 470 million after subtracting 30 million interest from 2-month interest to E, etc. designated by M and M on November 18, 2009.

B. (i) On November 25, 2009, the Plaintiff was notified by the registry that the registration of the establishment of the instant neighboring mortgage was completed through the forged document without C’s consent.

Dor C refers to this case against the plaintiff.

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