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(영문) 대전지방법원 천안지원 2017.01.26 2016가단10533
근저당권설정등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 22, 2010, the Plaintiff is an owner who completed the registration of ownership transfer with respect to real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 25, 2010, the Defendant completed the registration of the establishment of a mortgage near Daejeon District Court (hereinafter “the establishment registration of a mortgage near the instant real estate”) by the Daejeon District Court No. 91305, Oct. 25, 2010.

【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading

2. Determination as to the cause of action

A. The main purport of the Plaintiff’s assertion is that the Plaintiff borrowed money from the Defendant. Since the establishment registration of a mortgage of this case is invalid due to the absence of the secured obligation, the registration must be cancelled.

B. The plaintiff asserted that the contents of the mortgage contract of this case were not properly read and signed at the time, and the plaintiff did not know the contents thereof. However, since the plaintiff's seal image part is presumed to have no dispute, the whole document's authenticity is presumed to have been established and the contents of the mortgage contract of this case were not read at all, and it is part of this case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's 1, 3, 4 and Eul's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case'.

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