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(영문) 서울중앙지방법원 2017.01.18 2016나57511
근저당권말소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Order of the court of first instance.

Reasons

1. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, except for the following reasons. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On the 3rd part of the judgment of the first instance, the 12th part of the 3rd part of the judgment "Yinsan-gun, Chungcheongnam-gun, Chungcheongnam-do" is regarded as "Vinsan-gun, Chungcheongnam-do."

B. Defendant C shall be deemed to be the co-defendant C of the first instance trial (hereinafter “C”) on the 3rd and the 4rd and the 1st to 2nd.

C. Part 4 of the judgment of the court of first instance, the “net J” in Part 4 of the judgment of the court of first instance is raised to “W”.

In the fourth sentence of the first instance judgment, the term “46,05,80 won” in the first sentence of the first instance is “23,027,940 won”; the term “76,718,934 won” in the second sentence is “53,690,994 won”; the term “56,582,000 won” in the 17th sentence is “96,070,000 won”; and the term “619,387,205 won” in the 20th sentence is “658,875,205 won”.

2. The grounds for the court’s explanation on this part of the defense prior to the merits are as stated in the relevant part of the judgment of the first instance (Articles 5, 9, and 6, 3) except for the addition of the judgment on the assertion made by Defendant A in the trial as follows. Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

“Defendant A, among the inheritors of F, expressed his intent to repay his obligation to Defendant A when economic circumstances arise through each of the instant letters, and the Plaintiff’s obligee against E, etc., who is F’s heir, exercised the right to claim cancellation of the right to claim cancellation of the right to claim cancellation of the right to claim the registration of each of the right to claim cancellation of the right to claim the registration of the right to claim the registration of the right to claim the right to claim the registration of the right to claim the registration of the right to claim the right to claim the registration of the right to claim the right to claim the registration of the right to claim the registration of the right to claim the registration of the right to claim

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