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(영문) 인천지방법원 2019.07.19 2018나71635

소유권말소등기

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 defendant's grounds for appeal citing the judgment of the court of first instance are the same purport as the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence additionally submitted in the court of first instance was

The Provisional Registration Security Act was enacted to prevent the harmful effects of enjoying a wide range by acquiring all collateral in the event of a debtor's default by using a non-exclusive security, and is a mandatory law. Therefore, there is insufficient evidence to prove that the defendant had completed liquidation procedures in compliance with the requirements, form, and procedure required under the above Act, and it cannot be deemed that the principal registration of this case conforms to the substantive relations.

The reasoning of this court's reasoning is the same as that of the judgment of the court of first instance, and thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.