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(영문) 대구지방법원경주지원 2017.04.06 2016가단465
저당권등기 회복등기절차이행
Text

1. Defendant B Co., Ltd.: (a) on July 2015, 2015, the Daegu District Court and its racing support for the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff invested KRW 10 million on May 7, 2014 and KRW 50 million on May 13, 2014 to Defendant B Co., Ltd. (hereinafter “Defendant Company”). The Defendant Company completed the registration of creation of mortgage (hereinafter “registration of creation of mortgage of the instant neighboring real estate”) on the real estate listed in the separate sheet owned by the Defendant Company (hereinafter “instant real estate”) on May 28, 2014, in order to secure the said investment deposit claim, as the Daegu District Court racing-Support No. 30478, May 28, 2014.

B. F, who operated Defendant Company, stolen the Plaintiff’s seal, forged a power of attorney regarding the registration of the establishment of the establishment of the instant neighboring district court under the Plaintiff’s name, and subsequently cancelled the registration of the establishment of the establishment of the instant neighboring district court by Daegu District Court No. 46003 on July 9, 2015.

C. After the registration of the establishment of the instant neighboring real estate was revoked, ① the registration of the ownership transfer in the name of Defendant C was completed as of July 30, 2015 by the Daegu District Court and the 50963, which was received on July 30, 2015, ② the registration of the establishment of the neighboring real estate was completed as of July 30, 2015 by the debtor C and the 50964, which was received on July 30, 2015, and ③ the registration of the establishment of the ownership transfer in the name of Defendant E was completed as of December 2, 2015, as of December 2, 2015.

F on July 9, 2015, regarding the right to collateral security established on a large number of different housing units (households) among the buildings in which the instant real estate was located, F used seals from the right holders, such as G, and forged and deleted documents, and thereafter, on July 30, 2015, the registration of ownership transfer under the name of Defendant C and the registration of establishment of a neighboring livestock cooperative under the name of the defendant Yangsan National Livestock Cooperative was completed.

E. The above

(c).

With regard to the acts described in paragraph (1), the Plaintiff, G, etc. filed a complaint with F as the crime of forging private documents and uttering of falsified investigation documents, and F on July 22, 2016, the false entry into the private document forgery, uttering of falsified investigation documents, and public electronic records, etc.

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