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(영문) 광주고등법원(전주) 2016.08.18 2015나100995
근저당권설정등기말소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant, and those resulting from the intervention in the appeal.

Reasons

1. Basic facts

A. On July 2012, H and G, and E jointly invested KRW 3 billion each in KRW 1 billion, and entered into a partnership agreement with D Hospital’s assets and business rights, such as D Hospital and I convalescent hospital, J funeral home, K stores, and L pharmacy buildings, and establishing and operating a medical corporation, and distributing its profits in 1/3 each. On December 7, 2013, the medical corporation F (hereinafter “F”).

B. Around March 22, 2013, the Defendant lent KRW 150 million to G. On or around May 21, 2013, the Defendant concluded a monetary loan agreement on July 21, 2013, stipulating that KRW 100 million due date shall be set at KRW 2% per month agreed upon, and the interest for arrears shall be set at KRW 100 million (hereinafter “instant monetary loan agreement”) with respect to each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”). In order to secure the said agreement, the Defendant set up a mortgage on each real estate as indicated in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

C. Accordingly, E visited the attorney-at-law office of the Defendant joining the Defendant’s Intervenor with documents necessary for the establishment of collateral security, such as the Plaintiff’s seal impression design, certificate of personal seal impression, and certificate of registration, and delegated the registration of establishment of collateral security to the Defendant’s attorney-at-law office on May 21, 2013. As to the instant real estate, the Jeonju District Court Kim Jong-tae (200 million won), the obligor C (which was the trade name before the change of the Plaintiff), and the registration of establishment of collateral security (hereinafter “registration of creation of collateral security”).

On May 23, 2013, the Defendant received a registration certificate from E to the effect that the establishment registration of the instant neighboring facilities was completed, and remitted KRW 100 million to the deposit account in G name.

E. Meanwhile, by asserting that G and E conspired completed the registration of creation of a private document of this case in collusion, H filed a complaint on charges of forging the private document, etc. However, G cannot hear the E’s statement due to the death of the E at the prosecution, and H’s statement.

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