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(영문) 의정부지방법원 2016.10.04 2015가단118809
근저당권설정등기 회복등기 절차 이행 등
Text

1. Of the distribution schedule prepared on November 20, 2015 by the above court with respect to the case of voluntary auction of real estate A by the Jung-gu District Court.

Reasons

1. Facts of recognition;

A. The plaintiff (the plaintiff was the Korea Agricultural and Rural Infrastructure Corporation until December 28, 2005, and the trade name from December 29, 2005 to December 28, 2008 was the Korea Agricultural and Rural Community Corporation; hereinafter "the plaintiff") sold each real estate, etc. as farmland in the separate sheet (hereinafter "each real estate in this case") to B as part of the farming-scale rationalization project, and lent approximately KRW 290 million (hereinafter "the loan in this case").

B. The Plaintiff completed the establishment registration of a neighboring mortgage on each real estate of this case with the secured claim as the secured claim. The Plaintiff completed the establishment registration of a neighboring mortgage on April 12, 2004 with regard to each real estate listed in paragraph (1) of the attached Table No. 1 of the attached Table No. 2 of the B, by making the debtor B and the mortgagee as the Plaintiff on April 8, 2004, and completed the establishment registration of a neighboring mortgage on the ground of a contract signed by the debtor B and the mortgagee as the Plaintiff on April 8, 2004. As to each real estate listed in paragraphs 2 through 4 of the attached Table No. 2 of the attached Table No. 2 of the B, the maximum debt amount is KRW 72,670,000, the debtor and the mortgagee as the Plaintiff on August 11, 206.

(hereinafter referred to as “each of the instant collateral security”) C.

B On December 26, 2008, the Plaintiff Iron branch issued a receipt stating that “the principal and interest on a farming size project shall be received at KRW 127,289,600,00” in the farmland bank book, and on the same day, the said receipt was affixed with a seal stating “the receipts and disbursements,” which had been arbitrarily inserted in advance, on December 26, 2008, i.e., the receipts in the name of the Dongong central branch of the Nonghyup branch of the Agricultural Cooperative Federation.

(hereinafter referred to as “instant receipt”) D.

B on December 26, 2008, the Plaintiff’s main office of the farmland bank submitted the receipt of this case to the Plaintiff’s employee on his name in the farmland bank book, and the receipt of this case is not known to the fact that it was forged.

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