beta
(영문) 대구지방법원 2011. 5. 13. 선고 2011나2225 판결

[근저당권말소][미간행]

Plaintiff and appellant

Plaintiff (Attorney Noh Tae-type et al., Counsel for the plaintiff-appellant)

Defendant, Appellant

Tran Heavy Industries Co., Ltd and two others (Attorney Jeong-sung et al., Counsel for the plaintiff-appellant)

The first instance judgment

Daegu District Court Decision 2010Da3184 Decided January 6, 2011

Conclusion of Pleadings

April 15, 2011 (Defendant 2, Defendant 3)

April 29, 2011 (Defendant 1)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The decision of the first instance court is revoked. The defendant Tran Heavy Industries Co., Ltd., with respect to the vessels listed in the separate sheet, will implement the procedure for the cancellation of each registration of the establishment of a neighboring mortgage completed on March 7, 1998 by the Daegu District Court Branch of the District Court No. 36, the registration of the establishment of a new mortgage completed on May 22, 2002 by the same court No. 20, the registration of the establishment of a neighboring mortgage completed on May 22, 2002 by the same court No. 4 of the same court.

Reasons

The court's explanation on this case is the same as the part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Kim Tae-tae (Presiding Judge)