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(영문) 울산지방법원 2019.11.13 2018가단58198
근저당권말소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. As the father of D, the Plaintiff completed the registration of initial ownership on March 6, 2014 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. As to the instant real estate on August 3, 2017, Defendant B completed the registration of creation of a neighboring mortgage (hereinafter “Defendant B’s establishment of a neighboring mortgage”) with the Ulsan District Court No. 124516, Aug. 3, 2017, the maximum debt amount of KRW 45,00,000,000, the debtor D, and the mortgagee B as the grounds for registration (hereinafter “the registration of creation of a neighboring mortgage”); and Defendant C completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) with respect to the said real estate as of August 11, 201, the same court rendered as of August 11, 2017, under the Act No. 12897, the maximum debt amount of KRW 26,00,000, the debtor D, and Defendant C as the mortgagee

(hereinafter referred to as “the establishment registration of a neighboring mortgage by Defendant C,” and the total establishment registration of each of the above neighboring mortgages is “the establishment registration of each of the following neighboring mortgages” / [based on recognition] entry of No. 4 and the purport of the entire pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s assertion of forgery of the necessary documents for the establishment of a mortgage did not enter into the contract with the Defendants, nor did they delegate the authority or authority to conclude the contract with E and D, and E have completed the registration of establishment of a mortgage by forging documents necessary for the establishment of a mortgage by using the Plaintiff’s seal imprint, certificate of seal impression, and certificate of seal impression issued by the Plaintiff on the ground that “the Plaintiff would resolve the Plaintiff’s request for the collection of claims against F Co., Ltd.,” and false representation of the Plaintiff’s seal imprint, certificate of seal impression, and certificate of seal impression issued by the Plaintiff. Therefore, the registration of the establishment of a mortgage of each of the instant case is invalid based on the forged mortgage documents. Therefore, the Defendants are obligated to implement the procedure for registration of cancellation of each of the above mortgages to the Plaintiff.

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