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(영문) 부산지방법원동부지원 2015.07.15 2014가단27595
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Although the Plaintiff did not bear any obligation against the Defendant, he conspired with the Defendant for the purpose of evading compulsory execution by other creditors, and falsely completed the registration of creation of the instant right to collateral security stated in the separate sheet to the Defendant on March 16, 2009, on March 16, 2009. Therefore, in the instant lawsuit filed by the Plaintiff, who is the creditor of C, by subrogation, the Defendant is obliged to perform the registration procedure for cancellation of the registration of the instant right to collateral security.

B. On February 21, 2009, Defendant C purchased the instant real estate in KRW 1550 million, and the purchase fund is insufficient, Defendant C borrowed KRW 60 million from the Defendant. On March 16, 2009, Defendant C completed the registration of creation of the instant right to collateral security, which caused KRW 90 million to the Defendant.

2. Facts of recognition;

A. On February 24, 1997, the mother of the defendant D (C) who is a female mother of the defendant acquires No. 108 Dong 2301 on February 24, 1997 and acquires No. 108 Dong 2301 on February

3. From March 2, 2004, a voluntary decision on the commencement of auction on the above real estate was made on November 6, 2004, and the above real estate was sold by auction on August 25, 2005.

B. On September 14, 2005, the Defendant concluded a contract to establish a right to lease on a deposit basis of KRW 65,000,000 with respect to F apartment in Busan Shipping Daegu 107, 1902, and C’s family lived in the above apartment from October 10, 201.

On April 2, 2007, the Plaintiff entered into a contract to establish a right to lease on a deposit basis for an apartment of 11/200,000 won for an apartment of 11/3,000 Busan Metropolitan G apartment in Busan, and C family was able to live in the above apartment.

C. C concluded a sales contract to purchase the instant real estate in KRW 155,00,000 on March 2, 2009. On March 4, 2009, C created the first priority collateral (108,000,000,000 with the maximum debt amount) with the Korea Scream Bank Co., Ltd. on March 4, 2009, and created the instant collateral security (2) with the Defendant on March 16, 2009, with the second priority of the maximum debt amount of KRW 90,000,000 with the maximum debt amount of KRW 1,50,000,000.

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