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(영문) 서울고등법원 2016.06.28 2015나2059199

근저당권말소

Text

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 reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. On the 5th page of the judgment of the court of first instance, the amended or added part of the first instance, “A with the Plaintiff”, and the 7th page of the judgment of the first instance, “to secure the right to claim property division against the Plaintiff by Defendant B,” respectively, shall be amended to “to have the property division of the Defendant.”

In Part VII of the judgment of the first instance, “The fact that C and Defendant B were married” is added to “The testimony of the witness of the first instance trial and the witness of the first instance trial”.

3. Thus, the part of the plaintiff's conjunctive claim against the defendant is unlawful and dismissed, and the main claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.