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(영문) 의정부지방법원 2016.04.08 2015가단34536
근저당권말소등기에 대한 승낙의 의사표시
Text

1. The Defendants: (a) on the real estate stated in the separate sheet attached to D, the Jung-gu District Court of the Republic of Korea, Nam-ju District Court of Justice, 2014.

Reasons

1.The following facts shall be subject to no dispute between the parties:

The Plaintiff is a co-owner of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

B. As to the instant real estate, J completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of this case”) in the vicinity of KRW 1.3,00,00,00,000, which was received on August 12, 2014 from the Jung-gu District Court, Namyang District Court, 8604, which was concluded on August 7, 2014, as to the instant real estate, as the mortgagee D, the debtor, the Plaintiff, and the maximum debt amount, and the maximum debt amount of KRW 1.3,00,000,000,000,000. Defendant B attached each of the instant claims of the instant B with the Government District Court (2015Kadan68, August 3, 2015) and completed the registration of provisional seizure against the instant collateral (hereinafter “additional registration”).

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

2. Determination

A. (1) The Plaintiff’s assertion (1) since the registration of the establishment of the establishment of the mortgage of this case’s assertion is invalid for the cause for which the secured claim does not exist, D is obligated to cancel the registration of the establishment of the establishment of the mortgage of this case to the Plaintiff, and the Defendants are obliged to express their intent of each acceptance regarding the procedure for the registration

(2) The defendants' assertion that the act of establishing collateral was not a false conspiracy but a legal act establishing the secured debt separately, and even if not, they constitute a third party under Article 108 (2) of the Civil Code, they cannot respond to the plaintiff's claim.

B. Comprehensively taking account of the overall purport of the arguments in the statement No. 2-1 and No. 2 of the judgment, the registration of the establishment of a mortgage of this case is a false declaration of conspiracy conducted against the creditor's compulsory execution without the secured debt, and the registration procedure for the cancellation of the registration of the establishment of a mortgage of this case is void.

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