(영문) 수원지방법원 2015.10.15 2014나42292

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(영문) 수원지방법원 2015.10.15 2014나42292

근저당권말소

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on October 27, 2006 with respect to the instant apartment.

B. As to the apartment of this case, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “mortgage of this case”) or the registration of creation of a neighboring mortgage (hereinafter “mortgage of this case”) by the Suwon District Court’s registry office No. 21608 on October 5, 2007, designating the debtor as the plaintiff, the mortgagee as the defendant, and the maximum debt amount as KRW 70 million, respectively.

C. The Defendant filed a lawsuit claiming a loan against the Plaintiff’s mother, Suwon District Court 2012Kadan74676, but was sentenced to a judgment against the Defendant on June 25, 2013, on the ground that there is insufficient evidence to prove that the amount the Defendant paid to C was a loan. The Plaintiff’s conjunctive claim was accepted by the Defendant who appealed as the court 2013Na27357 and agreed that C agreed to preserve or return the amount it invested by the Defendant, and on July 17, 2014, the Defendant rendered a favorable judgment against the Defendant on July 17, 2014, “C shall pay the Defendant KRW 40 million and its delay damages.” The above judgment became final and conclusive.

(hereinafter “instant prior suit”). D.

On May 27, 2013, the Defendant filed an application for voluntary auction with respect to the instant apartment, and received a voluntary decision to commence auction with the Suwon District Court E on May 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the plaintiff did not bear an obligation against the defendant, and that the plaintiff did not agree to the defendant to make a registration of establishment of a mortgage of this case as a joint and several surety or a real guarantee, and that the registration of establishment of a mortgage of this case should be cancelled since C delivers the plaintiff's seal imprint, etc. to the defendant without permission, and thus the registration of establishment of a mortgage of this case should be cancelled.

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