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(영문) 서울고등법원 2016.06.15 2015나2068650

근저당권이전등기 말소청구 등

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1. The plaintiff's appeal is all 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 for this case is as follows, except for the addition and modification as follows, the reasoning for this case is as stated in the column of 1 to 3 of the reasoning of the judgment of the first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

The 5th 1st 2th 5th 1st 2th 5th 1st 2th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 5th 5th 5th 1st 1st 1st 1st "this court was changed to "the current progress 1,605,491,00 won" and "the following is sold to H 1,605,491,000 won on May 10, 201". The following is added under the 7th 14th 14th 14th 1st 1st 1st 1st 1st 201, and the Plaintiff issued the documents necessary for termination of the right to collateral security to H on April 8, 201, and urged H to return the above documents to which F's debt is unpaid, and there is no evidence to prove that H returned the documents other than registered mail.

However, H filed a lawsuit with the Seoul Southern District Court (2014da49498) around September 201, 201, claiming that a person retired while working for a lending company operated by E from January 2001 to March 201, was not paid a total of KRW 47,015,068, and that he/she was not paid a total of KRW 47,068 from E, and filed a criminal complaint with the same content, it is necessary to assess the value of H’s statement in consideration of such circumstances.

(8) In addition, the Plaintiff asserts that H affixed the Plaintiff’s seal impression on the documents necessary for the transfer of the instant right to collateral security, following the direction of E, in the process of delivering documents necessary for the transfer of F’s debt at L community service center located in Songpa-gu Seoul, Songpa-gu, Seoul, 201, to the effect that H affixed the Plaintiff’s seal impression on August 25, 201. If such assertion is true, it would be a crime against the Plaintiff.