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(영문) 부산지방법원 2017.09.29 2017나46882

근저당권말소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, in addition to the modification and additional determination as to this case, and therefore, it is identical to the reasoning of the first instance judgment. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

2. Judgment of the first instance court on the amended part;

1. The basic facts

paragraphs (c) through (c).

subsection (1) shall be filled by the following:

A person shall be appointed.

A. On January 22, 2014, the Plaintiff received C’s request from the representative director of B Co., Ltd. (hereinafter “B”) and, in order to secure the obligation to return the insurance solicitation fee paid by B to its affiliated insurance solicitors to the Defendant in preparation for a case where B would refund the insurance solicitation fee to its affiliated insurance solicitors, the Plaintiff provided the instant real estate as a physical collateral and set up a collateral security against the obligee as the Defendant.

B. On January 27, 2014, the Plaintiff issued a registration certificate of the instant real estate, the Plaintiff’s certificate of personal seal impression, and a certificate of personal seal impression to D, an employee of C, necessary for providing water collateral.

C. Around January 27, 2014, F, an employee of the certified judicial scrivener E, who was delegated by the Defendant to process the registration of the establishment of a neighboring mortgage, conducted doping as the creditor and the mortgagee, the obligor, the obligor, the Smart F, the Plaintiff, and the Defendant’s seal impression affixed the Defendant’s seal impression on the paper of the mortgage contract provided by the Defendant. Around January 27, 2014, F, who was an employee of the certified judicial scrivener E, was affixed with the process of registering the establishment of a neighboring mortgage, and signed on January 24, 2014 on the paper of the mortgage contract provided by the Defendant, and written on January 24, 2014.

o The 20th judgment of the first instance court, on the 3rd judgment, "the plaintiff" was added to "the defendant".

3. In addition, the Defendant renounced the right to write down the certificate of seal imprint and the certificate of seal imprint to C’s employees, and the Defendant voluntarily renounced the right to write down the certificate of mortgage establishment.