(영문) 대구지방법원 2019.05.23 2018나305589

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(영문) 대구지방법원 2019.05.23 2018나305589

근저당권말소

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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, which cited the case, is to be cited by the main sentence of Article 420 of the Civil Procedure Act, on the grounds that the court of first instance deleted the third party’s 11 to 18, respectively, and, except for the addition as set forth in the following paragraph (2), the reasoning of the judgment of the court of

2. Additional determination

A. The Plaintiff’s assertion that C, a general manager of “F”-based “F”-based “F”-based “F”-based “W”-based “W”-based subcontractor was unable to pay the construction cost to the subcontractors, and C, which, in order to resume the said construction, the Plaintiff, holding KRW 70,000,00 as the profit of the said construction, paid KRW 70,000,000 to the Defendant.”

(B) The Plaintiff forced and threatened the Plaintiff to prepare the instant payment note. The Plaintiff had no choice but to have prepared the instant payment note in the form for the resumption of the said construction, even though there was no obligation against the Defendant. The instant payment note and the instant collective security agreement based thereon should be null and void or cancelled, and the establishment registration of the instant collateral security should be cancelled due to non-existence of the secured obligation. (b) It is insufficient to recognize that C forced or threatened the Plaintiff to prepare the instant payment note, and there is no other evidence to acknowledge otherwise. Even if there was any act of coercion by C in preparing the instant payment note, this constitutes a case where a third party made coercion with respect to the declaration of intent of the other party (Article 110(2) of the Civil Act, and a third party with respect to the declaration of intent of the other party, only if the other party knew or could have known such fact, the declaration of intent may be cancelled if the other party knew or could have known such fact.

The defendant's act of coercion C of this case.

참조조문

-민법 제110조 제2항

-민사소송법 제420조

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