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(영문) 대법원 2015.11.12 2015다39180

근저당권말소등기 등

Text

The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The lower court testified to the effect that the registration of establishment of a collateral security in the name of the Plaintiff was cancelled on January 8, 2013 as to F-owned real estate on the ground that the registration of establishment of a collateral security was cancelled on January 30, 2013; the first instance court co-defendant B, the husband of F, delegated the Plaintiff’s application for cancellation of the registration of the collateral security to a certified judicial scrivener; thus, the certified judicial scrivener applied for the registration of cancellation of the collateral security on behalf of the Plaintiff; after the Plaintiff’s cancellation of the registration of establishment of a collateral security; H, the employee of the certified judicial scrivener’s office, testified to the effect that “the Plaintiff’s intention of cancellation was confirmed by telephone prior to the cancellation of the registration of the collateral security in this case; however, he testified to the effect that the above telephone time was not long, and that the Plaintiff did not permit the Plaintiff to prepare a letter of delegation and the certificate of cancellation of the registration of the collateral security in this case, and that it is difficult for H to believe that the Plaintiff did not voluntarily obtain the Plaintiff’s consent to cancel the registration of the collateral security in this case.