(영문) 광주지방법원 2018.02.14 2017가단12559

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(영문) 광주지방법원 2018.02.14 2017가단12559

근저당권말소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim for the amount of KRW 66,552,872 against B.

(B) The obligation to provide loans to D(B's spouse) of the National Agricultural Cooperative Federation on April 13, 199 is the obligation to provide loans based on the payment order of the Gwangju District Court 2016 tea1489 decided February 16, 2016.

B entered into a mortgage contract (hereinafter “instant contract”) with the Defendant, who is his sole property, on June 15, 2001, on the 144.5 square meters (hereinafter “the instant real property”), with respect to the instant real property, on June 15, 2001, as the registry office of the Gwangju District Court No. 34531, Jun. 15, 2001, the Defendant completed the registration of establishment of a collateral security (hereinafter “instant collateral security registration”) consisting of the mortgagee, the maximum debt amount, 50,000,000.

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

2. The plaintiff's assertion and its judgment (the exercise of the creditor's subrogation right)

A. (1) The registration of the instant collateral security in the Plaintiff’s assertion was completed immediately after Nonparty E’s provisional seizure of the instant real estate. Although there was no secured debt, B conspired with the Defendant to evade compulsory execution and completed false registration in order to avoid compulsory execution.

Therefore, the registration of the instant collateral security is null and void by means of false conspiracy under Article 108(1) of the Civil Act.

D. The evidence submitted by the Plaintiff alone is insufficient to recognize the contract of this case as a false declaration of conspiracy, and there is no other evidence to acknowledge it.

Rather, in addition to the purport of the entire pleadings in the statement Nos. 2 and 3, the Defendant is recognized to have received KRW 45,00,000 from F on June 30, 2001 and paid it to B, and the Defendant’s assertion that the said money would be lent to B and the registration of the instant collateral security was completed for the said security.

Ultimately, this part of the plaintiff.

참조조문

-민법 제108조 제1항

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