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(영문) 수원지방법원 2016.06.16 2015나41081
근저당권설정등기말소등기절차 이행
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except where the part of the judgment of the court of first instance is used or added as follows. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【The part of the judgment of the court of first instance (hereinafter “1”) Nos. 3 through 17 of the 3rd to May 20, 2012, the Defendant urged the Plaintiff to repay the loan repayment obligation. On June 25, 2012, the Defendant filed an application for the commencement of voluntary auction on the instant 1 and 2 real estate based on the 1st mortgage on the instant 1st mortgage on June 25, 2012. In the Suwon District Court E case, on June 27, 2012, the registration of the entry was completed (the Defendant filed an application for voluntary auction on the instant 1 and 2nd real estate on July 26, 2013, the Plaintiff filed an application for the commencement of auction on the instant 2nd to 2nd to 2nd to 2nd to 3rd to 183rd to 183rd to 183rd to 2nd to 2nd to 2nd to 2013.

(c)as stated in the judgment of the court of first instance. It shall be the case of applying for commencement of the auction of real estate in respect of land buildings other than S and 2 lots of land in this City, in the following part of the first instance judgment No. 4:

In addition, the part of the first instance court’s 4th to 11th sentence is as follows: “Plaintiff A, while lending KRW 150,000,000 to the Defendant, had the Defendant prepare the instant loan certificate regardless of the loan obligation, and completed the instant 2nd sentence. Based on such false collateral security, the Defendant filed a complaint against the Defendant on suspicion that he/she had attempted to obtain 10,000,000 won by deceiving the Defendant during the course of attempted auction on the first and second real estate based on such false collateral security. The Seoul Southern District Prosecutors’ Office determined that it is difficult to recognize the criminal intent of the lawsuit fraud against the Defendant on December 28, 2015.

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