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(영문) 대전지방법원천안지원 2019.11.06 2019가단100604
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff completed the registration of establishment of a neighboring mortgage (hereinafter, “registration of establishment of a neighboring mortgage”) indicated in the purport of the claim with the maximum debt amount of KRW 60,00,000 as to the building indicated in the attached list (hereinafter, the instant building) to the Defendant. However, the Plaintiff’s secured debt of the instant right to collateral was borrowed from the Defendant by his father C with gambling funds from the Defendant, and the instant act of creation of a collateral is null and void as a juristic act contrary to social order, and the registration of establishment of a neighboring mortgage of this case, which is based thereon, shall also be cancelled as it

2. The Plaintiff’s assertion is insufficient to acknowledge that the Plaintiff’s claim that the secured debt of the instant right to collateral security was borrowed for gambling purposes solely with the descriptions of Gap’s evidence Nos. 1 and 6 (including each number), and there is no other evidence to acknowledge the Plaintiff’s assertion.

The plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is without merit and it is so decided as per Disposition.

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