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(영문) 의정부지방법원고양지원 2016.06.23 2015가단35235
근저당권설정등기의 회복등기 등
Text

1. Defendant B Co., Ltd.:

A. The District Court for the District Court for each real estate listed in the separate sheet to Nonparty D.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned D, and the ownership transfer registration was completed in Defendant B’s name on May 23, 2014 on the grounds of sale on May 14, 2014.

B. On April 26, 2010, when D owned the instant real estate on April 26, 2010, the selector completed the registration of creation of a neighboring mortgage of KRW D and 70 million with respect to the instant real estate. The said registration of creation of a neighboring mortgage was cancelled on the ground of termination on May 28, 2014, when the ownership of the instant real estate was changed to Defendant B, and the ownership of the instant real estate was changed to Defendant B.

C. Meanwhile, on July 2, 2014, after the ownership of the instant real estate was changed to Defendant B, Defendant C completed the registration of creation of a neighboring mortgage of KRW B and the maximum debt amount of KRW 37.5 million with respect to the instant real estate.

[Ground of recognition] As to Defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The assertion and judgment

A. As to Defendant B Co., Ltd., the Plaintiff (Appointed Party; hereinafter “Plaintiff”) is only the Plaintiff.

(2) As to the assertion that Defendant B borrowed KRW 30 million from the Plaintiff on July 24, 2014, the said Defendant shall be deemed to have led to confession pursuant to Article 150(3) of the Civil Procedure Act, on the following grounds: (a) Defendant B completed the registration of ownership transfer of the instant real estate by unlawful means, such as deceiving D and Plaintiff; (b) as if he fully repaid the secured obligation, he/she deceiving a certified judicial scrivener; and (c) on April 26, 2010, he/she borrowed KRW 30 million from the Plaintiff on July 24, 2014; (b) Defendant B performed the procedure for cancelling the registration of ownership transfer of the instant real estate to D and D; and (c) on the part of the appointed on April 26, 2010 for the instant real estate.

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