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(영문) 전주지방법원 2015.06.19 2013가단26694
근저당권말소
Text

1. On February 18, 2009, Defendant B and C received each real estate listed in the separate sheet from the Jeonju District Court.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) The Plaintiff entered into a mortgage agreement with the above Defendants on December 1, 2008 with regard to the establishment of a mortgage agreement with the Defendant B, the maximum debt amount of KRW 250,000,000 on March 9, 2005, and KRW 10 million on July 15, 2005, in order to secure the claim for the unpaid loan amount of KRW 10,000,000,000,000, which was owned by Defendant B and C, for each share of KRW 1/2,000,000,000.

(2) On December 30, 2008, the land prior to the instant partition was registered as E, E, E, 889 square meters and F, F, 733 square meters, and E, E, 889 square meters, on January 13, 2009, with the above E, E, 439 square meters and the above G, 450 square meters, respectively. The said E, E, E, 439 square meters were changed to the land category on February 17, 2009, and the land indicated in paragraph (1) (hereinafter “instant land 1”).

(3) However, on February 18, 2009, Defendant B made use of a computer on the "Delegation sheet" paper to cancel the registration of the establishment of the mortgage of this case without the Plaintiff's permission, and entered "A (Plaintiff) and HH" in "A (Plaintiff) and "B" column of "B" as "B" and "B" column of "B" and "B" as "B" and "B" column of the registry for the establishment of the mortgage of this case on December 1, 2008, with the power of attorney attached to the Plaintiff's seal next to the Plaintiff on the same day, and caused the Plaintiff to cancel the registration of each of the above real estate on the same day, and each of the above real estate to be cancelled on the same day, and each of the above real estate was omitted on the same day.

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