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(영문) 수원지방법원여주지원 2015.10.08 2014가단33088
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 7, 2013, the Plaintiff lent D a loan of KRW 400 million at the interest rate of KRW 3% per month (hereinafter “instant loan”). In order to secure the instant loan claims, the Plaintiff completed the registration of creation of a neighboring mortgage on June 10, 2013 on the real estate indicated in the separate sheet due to the contract to establish a contract on June 7, 2013, on the ground of the contract to establish a contract on June 7, 2013.

(2) On March 5, 2014, on the ground of receipt of the registration, a person holding a right to the right to the collective security (hereinafter “instant collective security”) and other matters and interest on March 5, 2014 before the non-high collective security (hereinafter “the instant collective security”). The transferee of the right to the collective security (hereinafter “the instant collective security”) is a person holding a right to the instant collective security (hereinafter “the instant collective security”): The amount of claims established on August 3753 of the instant collective security (hereinafter “the instant collective security”) and on August 4, 2014: The due date for repayment of KRW 18 million: the due date for payment of interest: the due date for payment of interest: the end of each month: Defendant B’s due date for payment of interest: Defendant C’s due date for the instant collective security (hereinafter “the instant collective security”): Defendant C’s due date for payment of interest: the end of each month.

B. The following supplementary registrations were completed with respect to the registration of the establishment of the neighboring mortgage of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 14, Eul evidence 5-1 to 5-3, the purport of the whole pleadings

2. Determination

A. In full view of the evidence Nos. 1 and 2-1 through 14 of the judgment on the cause of the claim, and the purport of the witness EF’s testimony and all of the arguments, the registration of transfer of the first collateral collateral mortgage in this case can be acknowledged that the Plaintiff entered into the first collateral collateral mortgage transfer contract in this case, and E, who was not granted the legitimate authority on behalf of the Plaintiff regarding the claim for the loan in this case, signed each of the above contracts on behalf of the Plaintiff, and completed the registration documents such as the power of delegation in the name of the Plaintiff, barring any special circumstance, the registration of transfer of the first collateral collateral mortgage in this case is null and void without legitimate grounds or

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