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Reasons
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(영문) 대구고등법원 2015.11.03 2014나3222
근저당권설정등기 말소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. Daegu District Court Decision 2013Kaga151.

Reasons

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “instant apartment”) is owned by the Plaintiff.

B. C worked as the husband of the Plaintiff, and on December 28, 2010, the Plaintiff entered into a loan agreement with the Defendant under the name of the Plaintiff to obtain a loan of KRW 167,00,000 from the Defendant (hereinafter “instant loan agreement”) and received a loan of KRW 167,000 from the Defendant.

C. On the date of the instant loan contract, C concluded a mortgage agreement with the Defendant regarding the instant apartment in order to secure the instant loan under the name of the Plaintiff (hereinafter “mortgage agreement”). On the same day, C concluded a mortgage agreement with the Defendant, the obligor, the Plaintiff, and the maximum debt amount of KRW 218,00,000 with respect to the instant apartment. On the same day, C completed the registration of establishment of a mortgage on the instant apartment as to the instant apartment on December 28, 2010, the Daegu District Court No. 77483 (hereinafter “the registration of establishment of a mortgage”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, testimony of party-trial witness C, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff concluded the instant loan contract with her husband C with the Plaintiff’s seal, identification card, etc. using the Plaintiff’s name, and concluded the instant mortgage contract to secure it (hereinafter collectively referred to as the “instant loan contract”) on the same day, and the instant contract is null and void. Thus, the Defendant asserts that the Defendant is obliged to implement the procedure for registration of cancellation of the registration of the establishment of a mortgage of the instant neighborhood pursuant to the instant contract.

B. The Defendant comprehensively delegated the Plaintiff’s right of loans and security to C, the husband of the case.

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