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(영문) 수원고등법원 2019.07.11 2019나10947

근저당권말소

Text

1. The defendant's appeal is dismissed.

2. The supplementary participation of the Defendant joining the Defendant is not permitted.

3...

Reasons

1. The first instance court dismissed the part of the Plaintiff’s claim for cancellation of part of the transferred part to C and D from among the Plaintiff’s lawsuit against C and D and the Plaintiff’s lawsuit against the Defendant, and rendered a judgment citing both the Plaintiff’s claim and the part of the claim against C and D from among the registration of the establishment of the above neighboring mortgage against the Defendant, and the part of the Plaintiff’s claim against E and F from the registration of the establishment of the above neighboring mortgage against the Defendant.

On this issue, both the plaintiff, E, and F did not appeal, and only the defendant appealed.

Therefore, the subject of this Court's judgment is limited to the Plaintiff's claim for cancellation of the remainder except the partial transfer to C and D among the registration of the establishment of the above neighboring mortgage against the Defendant.

2. The grounds for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for cases where the reasoning is used or deleted as follows, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure

Part V through 19 of the judgment of the first instance shall be deleted.

Of the judgment of the court of first instance, the term “the right to collateral security transferred during the principal registration” is deleted, and the term “the right to collateral security transferred during the principal registration” is collectively referred to as “the right to collateral security transferred” in total of KRW 200,000,000,000, 400,000, and hereinafter referred to as “the right to collateral security transferred” in total.

Of the judgment of the first instance, the part of the fifth to the 21st to the 6th to the 2nd to the 6th to the 5th to the 5th to the 5th to the 5th to the 6th to the 5th to the 5th to the 5

“G” and one other (hereinafter “G”) on August 8, 2016, from the Plaintiff and the Plaintiff’s creditor, the instant real estate from the Plaintiff and the Plaintiff’s Intervenor (the Plaintiff’s Intervenor) to the transfer price of KRW 1,254,00,000 for the initial fund required in the process of acquiring the instant real estate, KRW 650,000 for the purpose of payment for the acquisition of the instant real estate, and KRW 400,000 for agreement.