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(영문) 서울중앙지방법원 2017.02.08 2014가단5252996
근저당권말소
Text

1. The Defendant received on May 12, 2014 from the Seoul Central District Court (Seoul Central District Court) No. 105423 regarding the real estate stated in the separate sheet from the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the father B as the owner of the real estate indicated in the attached Form.

B. The Defendant on May 15, 2014

5. 16. A loan of KRW 240,00,000 to B over the title of this title was completed on May 12, 2014 with respect to real estate indicated on the Plaintiff’s ownership for the said debt security, the registration of creation of a neighboring mortgage to B and the debtor as the Defendant of the said debt was completed on May 12, 2014.

(hereinafter referred to as the “registration of this case”).

B The mother of B who wishes to terminate the monetary problem has filed a claim for adjudication to commence limited guardianship, and on September 18, 2014, the court tried to commence limited guardianship with B.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 15, Eul evidence 3, 35, 37 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the plaintiff's assertion B provided the real estate attached to the defendant at his own discretion without the plaintiff's consent as security, the registration of this case must be cancelled by the registration of invalidation of cause.

B. The Defendant reported loan advertisements published by C, and requested loan brokerage by communicating C, and C introduced B to the Defendant.

B, on April 17, 2014, with the Plaintiff’s driver’s license and seal imprint, and issued the Plaintiff’s certificate at the Gwangjin-gu Office with the Plaintiff’s license and seal imprint, and around May 2014, at C’s office, written a loan certificate, power of attorney, promissory note, mortgage contract, etc., and signed and sealed the Plaintiff’s name and seal imprint without the Plaintiff’s consent.

C, although the Plaintiff did not have found the office or allowed the provision of collateral, upon receiving the loan certificate and the documents related to the establishment of collateral security from B, the Plaintiff contacted the Defendant and confirmed himself as the office. The Defendant, who believed only the horses of C and did not confirm the Plaintiff’s intention, wired money to the Plaintiff with the knowledge that the Plaintiff provided the real estate as collateral without confirming the Plaintiff’s intention.

The defendant B.

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