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(영문) 서울북부지방법원 2020.12.17 2020가단117913
근저당권말소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. On April 11, 2017, with respect to each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”), the registration of creation of a mortgage on April 11, 201, with respect to each of the instant real estates owned by the Plaintiff (hereinafter “the instant real estates”), was completed by the debtor interesting, and the mortgagee B.

B. As to each of the instant real property, the registration of creation of a collateral for each of the instant real property was completed on April 11, 201, the maximum debt amount of KRW 150,000,000, and the debtor D and the defendant C of the mortgagee C.

The "the registration of establishment of each of the preceding units" is "the registration of establishment of each of the following units".

(i) [The entry in the evidence Nos. 3 and 4 of the grounds for recognition, and the purport of the whole pleadings.]

2. The Plaintiff asserted that the Plaintiff stated that D was aware of the introduction of E, and that there was a need to pay money.

Accordingly, D loaned KRW 50 million when it provides security to the Plaintiff, and the Plaintiff used KRW 20 million among them, and the remaining KRW 30 million should be used and repaid only one month by D.

The plaintiff accepted this and issued two copies of a certificate of personal seal impression to D, and received KRW 20 million after licking.

However, since the Plaintiff confirmed each of the instant real estate owned by the Plaintiff, the establishment registration of each of the instant real estate held by the Defendants as a mortgagee was completed.

With respect to each of the instant immovables at the end of D, the Plaintiff established the establishment registration of a mortgage over each of the instant immovables at KRW 140,000,000, and KRW 150,000,000, without any basis, of the maximum debt amount.

The Defendants knew or could have known the said deception of D, because they were directly or indirectly related to the said deception of D.

The plaintiff is revoked by the service of a duplicate of the complaint of this case, the legal act that caused the establishment registration of each of the neighboring areas of this case.

Therefore, the Defendants are obligated to implement the procedure for registration of cancellation of the registration of the establishment of each of the instant mortgages to the Plaintiff.

3. Each of the instant cases between the Plaintiff and the Defendants by means of the D’s deception against the Plaintiff.

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