logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.04 2017나2069251
배당이의
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On May 28, 1997, the Plaintiff and E (hereinafter “Plaintiff, etc.”) completed the registration of ownership transfer with respect to each of 1/2 shares of F forest land 12,128 square meters in Suwon-si, Suwon-si (hereinafter “instant land”).

B. On November 25, 2005, the Plaintiff et al. completed the registration of creation of a mortgage with the maximum debt amount of KRW 400,000,000 on the ground of a contract to establish a mortgage against Defendant B on November 24, 2005.

C. On May 12, 2009, the Plaintiff completed the registration of the establishment of a neighboring mortgage at KRW 700,000,000 for the obligor and the maximum debt amount on the ground of the contract to establish a contract regarding the Plaintiff’s share out of the instant land on the same day.

On December 11, 2015, upon Defendant B’s request, the voluntary auction procedure was initiated as Suwon District Court D on the instant land.

E. On March 14, 2017, a court of execution prepared a distribution schedule, such as distributing the amount of KRW 400,000,000 to Defendant B, the mortgagee-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based

[Reasons for Recognition] The entry in Gap 1, 2, Eul 7 and the purport of the whole pleading

2. Summary and judgment of the parties

A. The gist of the parties’ assertion (1) was to prepare additional documents necessary for the existing loan to Plaintiff E on October 2005, or around May 2009 and July 2009, for the joint purchase of the land located in Yongcheon-si, the Plaintiff had a seal impression and a certificate of personal seal impression. Using this, E forged documents necessary for the registration of the Plaintiff’s name, such as the loan certificate and the mortgage contract, and forged documents necessary for the registration of the Plaintiff’s name, thereby borrowing and securing money from the Defendants, and completed the registration of each of the Plaintiff’s shares in the instant land to the Defendants.

In particular, at the time of the completion of the registration of the creation of the right to collateral security in the defendant C, E has forged documents necessary for registration by affixing his own seal on the confirmation document of the certified judicial scrivener.

Therefore, among the land of this case, dividends against the Defendants as to the Plaintiff’s share.

arrow