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(영문) 서울남부지방법원 2014. 04. 01. 선고 2014나51386 판결
근저당권말소 등[국패]
Case Number of the immediately preceding lawsuit

2013 Ghana69624 (04.01)

Title

The cancellation of mortgage;

Summary

The burden of proving that there was a legal act that establishes the secured claim at the time of the registration of the establishment of the neighboring mortgage shall be deemed to be the defendants' assertion. The instant collateral is null and void, as there is no evidence to prove this. The procedure for registration of cancellation of the establishment of the neighboring mortgage and the defendant Republic of Korea has a duty to express his consent on the registration of cancellation

Cases

2014Na51386

Plaintiff

00

Defendant

Korea

Conclusion of Pleadings

July 17, 2014

Imposition of Judgment

August 14, 2014

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Purport of claim

As to the real estate listed in the attached list (as shown in the attached list of the first instance court) to the Plaintiff, Seoul Southern District Court

On the registration of cancellation of the establishment of a neighboring mortgage completed by the court No. 15368 of March 5, 1992, the court expressed its intention of acceptance.

Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

(As the judgment of the court of first instance is the same as the part of the reasoning of the judgment of the court of first instance, and thus, this case is quoted by the main text of Article 420 of the Civil Procedure Act.

Therefore, the conclusion of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit.

shall be determined as above.

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