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(영문) 울산지방법원 2014.06.17 2013가단25063
근저당권 설정등기 말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate, the registration of creation of a mortgage on the ground of a contract establishing the same day by the Ulsan District Court No. 109869, Dec. 8, 2010, which was concluded on the same day, was completed on the basis of the mortgagee, the debtor, the maximum debt amount of 150,000,000.

(hereinafter “instant collateral security”). C.

In the confirmation document attached to the application for the registration of the establishment of a new mortgage in this case, it is stated that "the degree of 168 centimeters for extension, the level of 168 centimeters for special articles of the person liable for registration

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, the purport of the whole pleadings

2. Assertion and determination

A. (1) The Plaintiff’s ASEAN met the Defendant in order to raise the operating fund of the company as an executive officer of the company “D” (hereinafter “instant company”).

The Defendant demanded C to guarantee the loan, and C established the instant collateral security right, which brought the Plaintiff’s seal impression.

The Plaintiff did not give C any consent or consent to the establishment of the instant right to collateral security.

Therefore, since the establishment of the instant collateral security is null and void, the establishment of the instant collateral security should be cancelled.

Shed Defendant C operated the instant corporation with E, and borrowed considerable money from E.

C requested the Defendant to lend money in order to repay the debt to E and to raise the operating funds of the instant company.

The Defendant set up the instant right to collateral security and lent money to C by remitting KRW 130 million to the account of the instant company.

The Plaintiff consented to the establishment of the instant right to collateral security by ASEAN.

B. We examine whether the judgment C created the instant mortgage without the Plaintiff’s consent or consent, and evidence corresponding thereto is the witness C’s testimony.

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