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1. As to the real estate listed in the separate sheet to the Plaintiff:
A. Defendant B is the head of the Gwangju District Court’s regional registry office on June 21, 2012.
Reasons
1. Facts of recognition;
A. D provided two lots of land as security, such as B and J, to Defendant C, instead of paying a lease deposit, while operating an entertainment drinking house under the trade name of the Felel owned by Defendant C in Gwangju Mine-gu, G.
B. D became aware of the fact that the Plaintiff was seeking a purchaser to sell each of the real estate listed in the separate sheet while the real estate owned by H was incorporated into a road site and demanded by H to terminate the establishment of collateral, and the Plaintiff was seeking a purchaser to sell the real estate as indicated in the separate sheet.
C. Around March 2008, D made a false statement to the Plaintiff, “B is offered as security H’s land to the building owner in Gwangju K, a building owner, as an entertainment drinking house. H’s ground is assigned as a road site, and in order to receive compensation, the establishment of a security must be terminated. He/she provided land as a security instead of having the establishment terminated. He/she would have H purchase the land by having H purchase compensation by providing it as a security instead of having it terminated.”
At this end, the plaintiff agreed to provide each real estate listed in the separate sheet as security. D.
Defendant C received a seal imprint and a certificate of seal impression necessary for the registration of the establishment of a neighboring mortgage from the Plaintiff. Using this, Defendant C arbitrarily prepared to the Plaintiff a certificate of loan that the Plaintiff lent KRW 150 million with interest rate of KRW 12% per annum and due date of repayment on March 2, 2009. On March 3, 2008, Defendant C completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to each real estate listed in the separate sheet on March 3, 2008 based on the above loan certificate.
E. On March 19, 2012, Defendant C lent KRW 150,000 to the Plaintiff to the Gwangju District Court. The Plaintiff did not reimburse the Plaintiff, and the Plaintiff stated a false ground for application that there is no other property at present.