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(영문) 서울남부지방법원 2019.08.22 2018가단252087
근저당권말소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. This Court shall suspend compulsory execution.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant house”), and the Defendant is the company whose business purpose is credit business, etc.

B. On November 12, 2014, the standard form of loan transaction agreement in which the Plaintiff and the Defendant were the debtor and the credit service provider (hereinafter “instant loan agreement”) was drafted.

According to the above loan agreement, the loan amount is KRW 80 million, interest rate is KRW 1.5 million per month (one million per month), and the loan period is possible until November 12, 2015, and the first priority mortgage is set up in the house of this case with the maximum debt amount of KRW 120 million and the right to lease on a deposit basis is set up in order to prevent the occurrence of the claim for refund of deposit due to the lease agreement.

C. On the same day, the registration of the instant right to collateral security and the registration of the instant right to lease on a deposit basis stated in the primary purport of the claim regarding the instant housing was completed, and the Defendant remitted KRW 80 million to the Plaintiff’s C Association account.

Furthermore, the letter of confirmation was also prepared in the name of the plaintiff, stating that the term "a loan of KRW 80 million is received in the above account".

In addition, on the same day, a promissory note as stated in attached Table 2 List 1 (hereinafter “instant promissory note”) was issued and delivered to the Defendant under the Plaintiff’s name. On the other hand, the said promissory note was also drawn up and delivered to the Defendant, stating that “I will transfer the said house to and reside in and out of his/her husband and wife without compensation. I will not thereafter hold another transferor or lease.”

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 5 (including paper numbers, hereinafter the same shall apply), Eul 1 through 5, the purport of the whole pleadings and arguments

2. Judgment as to the main claim

A. The Plaintiff’s registration of the instant right to collateral security and the instant right to collateral security is a registration of invalidation completed by the document forged by the Defendant, and the Defendant’s registration procedure for cancellation of each of the above registrations is the Plaintiff.

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