logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.05.30 2017가단9743
근저당권말소
Text

1. On December 23, 2016, the Defendant filed for registration of the vice branch branch court of the Daegu District Court with respect to real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. In order to raise the living expenses, C, the former wife of the Plaintiff, had the Defendant set up a right to collateral security and received a loan with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) under the name of the Plaintiff, which was the husband of the Plaintiff.

B. On December 16, 2016, C made use of a pen on the proxy form for issuance of a certificate of seal imprint kept in the Ddong office located in Daegu-gu Ddong Office, Daegu-gu, and forged a certificate of seal imprint issued under the name of the Plaintiff and then issued it to the public official of the said Dong office.

C. In addition, on December 23, 2016, C prepared a letter of delegation of the application for the establishment of a right to collateral security with the maximum debt amount of 90 million won, the debtor C and the mortgagee of the right to collateral security as the defendant, and written the plaintiff's name in the column of the person establishing the right to collateral security, and affixed the plaintiff's personal information on his name. The plaintiff's personal information in the column of the person liable for the application for the establishment of a right to collateral security with the same content, and affixed his/her seal on his/her name after using the “C” in the “the above applicant or his/her agent” column and affixing his/her

Then, around December 23, 2016, C submitted forged power of attorney, etc. at the Daegu District Court’s Busan District Court’s Branch registration and office located in Yongsan-gu, Daegu District Court’s Busan District Court’s Branch registration, etc., and completed the registration of establishment of neighboring mortgage registration (hereinafter “registration of establishment of neighboring mortgage”) as of the instant real estate as of December 23, 2016, No. 15857, Dec. 23, 2016.

E. Meanwhile, the Plaintiff filed a criminal complaint against C on charges of forging private documents, etc., and C was sentenced to imprisonment with prison labor for eight months on January 17, 2018 on the grounds that criminal facts, such as the above A through D, were recognized.

F. Accordingly, C appealed under the Daegu District Court 2018No510, but from the above court on January 17, 2018.

arrow