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(영문) 창원지방법원 2019.05.17 2018나61656
근저당권말소
Text

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 this court’s explanation by the court of first instance is as follows: (a) deleted the part of “SaB” of 14 pages 2 of the judgment of the court of first instance; and (b) other than the following additional determination as to the Plaintiff’s assertion in the trial of the court of first instance, the reasoning of the judgment is as stated in the reasoning of the judgment of first instance; and (c) thereby,

2. Additional determination

A. The plaintiff's assertion is that F, who is an employee of the certified judicial scrivener office, had the certificate of loan held by himself under the name of the plaintiff, and the F, which is so, had the certificate of mortgage establishment established at will against the plaintiff's will and completed the registration of establishment of the neighboring mortgage of this case. Therefore, the registration of establishment of the neighboring mortgage of this case should be cancelled

B. The evidence submitted by the Plaintiff and the testimony made by the witness F of the first instance trial alone are insufficient to recognize that the Defendant deceptioned F to prepare a mortgage contract in the name of the Plaintiff, as alleged by the Plaintiff, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed.

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