(영문) 서울남부지방법원 2015.07.17 2015가단9367

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(영문) 서울남부지방법원 2015.07.17 2015가단9367

근저당권설정등기말소

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1. The Defendant shall accept the registration of the Seoul Southern District Court and September 17, 2013 with respect to the real estate stated in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On September 27, 2013, the Defendant completed the registration of Seoul Southern District Court and the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) under the Seoul Southern District Court Act No. 45050, Sept. 27, 2013.

【Ground for Recognition: Facts without dispute, entry of Gap 3's evidence, purport of the whole pleadings】

2. Assertion and determination

A. 1) Recognition of the Plaintiff’s claim: (a) A was subject to a criminal trial on the ground that he/she acquired the Defendant by fraud of KRW 162 million.

B) At the time, D, who was the husband of C, paid KRW 90,000,00 in agreement with the Defendant for C, and the Defendant demanded D to set up a collateral of KRW 120,000,000 on the Plaintiff’s wife and D’s house (the instant real property) who is the Plaintiff’s group or the Plaintiff’s group or group of E (the instant real property) who is the Plaintiff’s group, to set up a collateral of KRW 20,000,000,000,000,000,000 won. (C) after this far

At the time, the Plaintiff was in the Incheon Prison. On September 17, 2013, the Plaintiff stated that D and D agreed on the Plaintiff’s consent, and that on September 17, 2013, “the Plaintiff left a foreign country,” the Plaintiff set up a collateral on the following grounds: (a) issued necessary documents, such as a certificate of the personal seal impression, to a certified judicial scrivener handling the Defendant’s affairs; and (b) issued a certificate of the personal seal impression issued by D, the power of attorney in the name of the Plaintiff was prepared and the registration of the establishment of the neighboring family of this case was completed [the grounds for recognition: : there is no dispute; (c) evidence No. 1, No. 3, No. 8, and No. 9; and (d) the purport of the entire testimony and pleadings of the witness D]. In full view of the above facts, the establishment of a collateral of the instant neighboring family of this case was completed by D,

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