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(영문) 수원지방법원 2019.11.12 2019나51192

근저당권말소

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. B. D. E. E. E. E. P.

Reasons

1. The facts of recognition and the grounds for the court’s explanation on this part of the allegations by the parties are the same as the reasons for the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The facts found guilty on the same factual basis as the judgment on the claim on the merits of a lawsuit are the decent evidence. Thus, in light of other evidence submitted in the civil trial, the facts against this cannot be acknowledged unless there are special circumstances where it is deemed difficult to adopt a factual judgment on the criminal case in light of other evidence submitted in the civil trial

(E) In full view of the purport of the argument in the evidence No. 10, 190, E, as the whole, decided to purchase the land of this case with the Plaintiff on March 21, 2019 as the Suwon District Court Decision 2018No7035, Mar. 21, 2019; while paying part of the money borrowed separately from the Plaintiff as the balance of the purchase price of the said land was paid by the Plaintiff due to other debts, the said land seller was urged from F to pay the remainder of the purchase price of the said land; on the ground that the above part of the money was not paid due to other debts, the seller was in custody of the Plaintiff’s personal seal impression and seal impression in the name of the seller by setting up a collateral security against the seller; and on April 1, 2016, E forged the power of attorney under the name of the Plaintiff for the purpose of establishing a mortgage; and, on the same day, E was deemed to have not been authorized to do so by the court of registration of the establishment of the said land.