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(영문) 춘천지방법원 2015.07.24 2014나5139

근저당권말소등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts found below are without dispute between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1-1-23, Gap evidence 2-2, Eul evidence 1-2, Eul evidence 1-8, Eul witness C's testimony and the whole purport of the pleadings.

[Plaintiff’s signature and seal on the evidence No. 2 and No. 4 is recognized. However, at the time of signing and sealing the Plaintiff’s signature and seal, the mortgagee’s column and creditor’s portion was put in blank, and as a matter of course, C thought that it would be an obligee and signed and sealed to the effect that the Defendant’s name was recorded later. The summary of the evidence No. 4 of the first instance court’s signature and seal on the evidence No. 4 indicated to the effect that the establishment of the relevant portion was recognized. However, in light of the preparatory documents and arguments submitted before the Plaintiff’s establishment, the establishment of the document appears to have been deemed to have been established in the purport that the Plaintiff himself/herself was signed and sealed, and barring any special circumstance, it is presumed that the entire document formation of Gap’s signature and seal was presumed to have been completed, and thus, it constitutes evidence No. 2130, 201, as well as evidence No. 320, 201, as evidence No. 920, supra. 31.