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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 2014, upon receiving the Plaintiff’s assertion D’s request that the Plaintiff be aware of investors, the Plaintiff introduced investors, including the Defendant, to D at the time, and upon committing suicide on October 6, 2014, the Defendant: (a) upon the Plaintiff’s suicide on the part of the Plaintiff; (b) the Plaintiff was able to repay the Plaintiff’s investment in lieu of the Plaintiff’s investment; and (c) make a provisional attachment on the instant real estate, etc., the Defendant’s collateral security on the instant real estate was established
Accordingly, the original defendant prepared a false loan certificate on October 10, 2014, and completed the registration of the establishment of the mortgage of this case.
As above, since the right to collateral security of this case is registration of invalidity of cause by false conspiracy with the other party, the defendant is obligated to cancel the registration of establishment of collateral security of this case.
2. The burden of proving that a contract to establish a right to collateral security has been formally made and thus is a legal act that constitutes a false declaration of conspiracy is a false declaration of conspiracy, the burden of proving that the person who created the right to collateral security has agreed or understood not to hold the person who created the right to collateral security liable
In addition, if the establishment registration of a new mortgage has been completed, it is presumed that the registration is legitimate and publicly announced the true state of rights. Therefore, the party who asserts that the registration was illegal is responsible to prove the opposing facts to reverse the presumption.
(See Supreme Court Decision 200Da72763 Decided April 10, 2001, etc.). In full view of the following circumstances, upon considering the overall purport of Gap evidence 8-1, 2, Gap evidence 9, Eul evidence 1, and Eul evidence 1, the court held that in collusion with the original defendant, the registration of the establishment of the establishment of a neighboring security establishment in the name of the defendant was completed by making the false debt as the secured debt.
The real estate of this case, rather than by means of compulsory execution by the creditors, is a true and genuine agreement between the original defendant to secure the defendant's claim against the plaintiff.