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(영문) 서울고등법원(춘천) 2015.04.15 2014나2797
근저당권말소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

The reasoning of the judgment of the first instance court regarding the establishment and transfer of the right to collateral security is the same as that of the corresponding part of the “1. Basic Facts” and thus, it shall be cited pursuant to the main sentence of Article 420

With respect to the subject of a claim, the Plaintiff sought the cancellation of the registration of the establishment of each collateral on the attached list (hereinafter collectively referred to as the "registration of this case") against the Defendant in the purport of the claim, while entering the registration number of the additional registration (hereinafter referred to as the "additional registration") for the transfer of the right to collateral security in the attached list, not the registration of this case, in the attached list, in the form of the attached list, and it is difficult to specify the subject of the claim for cancellation as the subject of the registration of this case or the additional registration (hereinafter referred to as the "additional registration"), and there is also assertion that the Plaintiff may be attributable to the invalidation of the registration of this case, such as the false declaration of conspiracy, and there is room

However, the Plaintiff stated the type of registration subject to cancellation as the "mortgage creation registration" in the petition and the application for modification of the purport of the claim, and the key assertion itself is that there is a defect in the establishment of the right to collateral security of this case, and it does not dispute the existence of the right to collateral security of this case. Therefore, in the trial, the Plaintiff is deemed to have sought cancellation of the registration of this case and thus,

(A) If the first instance court did not render any judgment on the cancellation of the registration and additional registration even if the Plaintiff sought the cancellation of the instant registration and additional registration, this constitutes only the subject of supplementation by the first instance court’s additional judgment due to the omission of judgment, and does not fall under the scope of the party’s trial.) as to the assertion of false declaration of conspiracy, the Plaintiff’s assertion of false declaration of conspiracy in the second instance general construction company.

The secured debt of this case and the secured debt of this case held by the defendant.

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