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(영문) 서울고등법원 2018.02.08 2017나2057425

근저당설정등기말소청구의 소

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

The court's explanation of this case is identical to the reasoning of the judgment of the first instance, except for the addition of the five-party 19 or below among the judgment of the first instance to the following contents, thereby citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The defendant asserts that "Isia shall pay 310,000 dollars until January 30, 2015, and 75,506 dollars until December 2015, 2015 with respect to the unpaid amount pursuant to the sales contract of this case upon the receipt of Eul evidence Nos. 17 (Agreement). However, the plaintiff denies the authenticity of Eul evidence No. 17, and there is no evidence to acknowledge the authenticity of this part of the defendant's assertion." Thus, the plaintiff's claim of this case is justified, and the defendant's claim of the counterclaim of this case shall be dismissed as it is just, and the judgment of the court of first instance shall be dismissed as it is without merit, since the defendant's appeal of this case and the counterclaim of this case are without merit.