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(영문) 대전지방법원 2018.04.12 2017나5752
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 this court citing the judgment of the court of first instance is as stated in the judgment of the court of first instance, except that the “only evidence submitted by the plaintiff” of 8th and 20th of the judgment of the court of first instance is deemed to be reasonable as stated in the following 2, and thus, it is identical to that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the court below: ① evidence submitted by the plaintiff and the following circumstances asserted by the plaintiff, namely, that the original copy of the contract for the creation of the right to collateral security and the registration certificate thereof are kept D (Evidence A No. 13 and 14). The loan certificate of this case does not state the date for payment and the date for payment of interest (Evidence A). The document for the establishment of the right to collateral security in this case and the stamp of C used in the preparation of the application document for registration (Evidence A 15: Provided, That D affixed the stamp, not C, on the power of delegation in the name of C for the application for the cancellation of the registration of the establishment of the right to collateral security in this case (Evidence B-1). The plaintiff himself/herself, who is the plaintiff's father, was in military service at the time of the restoration registration of the right to collateral security in this case, shall be deemed to have been aware of the progress of the lawsuit at the time of the plaintiff's establishment of the right to collateral security in this case, and the plaintiff's assertion and the purport of the lawsuit in this case shall be acknowledged.

3. The judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed.

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