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(영문) 서울남부지방법원 2016.05.19 2016나450
근저당권말소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, along with her husband D, operates a printed business with a trade name called “E”.

B. On September 25, 2008, the Plaintiff husband and wife paid KRW 130 million to the Plaintiff’s husband and wife, and the Plaintiff’s husband and wife gave exclusive rights to the strike from the above E. In order to secure the claim for the refund of the security deposit, the Plaintiff’s husband and wife entered into a contract to set up the right to collateral security in Gangseo-gu Seoul Metropolitan Government HPL No. 202 (hereinafter “the instant section for exclusive use”).

C. On September 25, 2008, F received KRW 100 million from the Defendant and paid to the Plaintiff. On October 17, 2008, regarding the building of the instant exclusive ownership, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the maximum debt amount of KRW 100 million, the debtor, the debtor, and the mortgagee F was completed.

The F, on November 12, 2008, was additionally remitted to the Defendant the remaining amount of KRW 30 million, and paid to the Plaintiff.

After that, the Plaintiff requested F to cancel the registration of creation of a new security, but F did not comply with the request of F for a new security.

(B) On November 25, 2009, the Plaintiff sent to F a certificate of content that the Plaintiff requested F to cancel the registration of the establishment of the instant neighboring mortgage.

Around June 3, 2009, the Defendant agreed to accept the status of a party to the above strike collection contract with F and received the instant collateral security right and the claim for the return of the security deposit for the secured debt from F.

A certified judicial scrivener secretary I prepared documents that forged the part of the plaintiff's name as if he had acquired the above contract with the plaintiff, the defendant, and the F3 persons, and completed the supplementary registration of the transfer of the right to collateral security (hereinafter "the supplementary registration of this case") on June 3, 2009, which was based on the transfer of contract by the Gangseo-gu District Court No. 34941.

(f).

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