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(영문) 대구지방법원 2019.12.18 2018나8093
근저당권말소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the defendant emphasizes or adds to the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant's assertion that the defendant has a claim of KRW 52,075,050 against the plaintiff, and that it is necessary to secure claims than other creditors, and it is not completed as to whether the establishment registration of the neighboring mortgage of this case was completed or completed falsely.

The defendant signed a written confirmation (Evidence A No. 2) to believe the plaintiff's horse, but the above written confirmation is about the land other than the land of this case.

The Plaintiff’s completion of the registration of the establishment of a neighboring to the instant case constitutes the recognition of the Defendant’s obligation.

B. According to the statement in Gap evidence No. 2, it is recognized that the defendant signed his/her signature in the document stating that "I have created a mortgage in the future with the purport to avoid the plaintiff's previous answer and the H property at the time of permanent residence."

In light of the following circumstances acknowledged as above, namely, ① the land number on the above confirmation document and the number of the real estate of this case are different from that on the present real estate in addition to the present real estate, ② G stated in the court of first instance that “the Defendant stated in the court of first instance that “the Plaintiff was not 10 won to the Plaintiff at the time of the establishment of the instant right to collateral security, and the Plaintiff was able to know the remaining amount of money,” etc. (the Defendant filed a complaint against G as perjury, but G was subject to disposition without suspicion), it is reasonable to deem that the instant right to collateral security was null and void as a false conspiracy, and accordingly, the registration of the establishment of the instant right to collateral security should be cancelled.

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