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(영문) 서울고등법원 2015.06.24 2014나2048901
근저당권말소
Text

1. In the judgment of the first instance, the part of the claim for confirmation of validity of the partnership agreement listed in annexed Form 2 shall be revoked;

2. The above-mentioned cancellation part.

Reasons

1. The plaintiff primarily sought confirmation of the absence of a guaranteed obligation, refusal of compulsory execution based on the authentic deed of a promissory note, preliminary confirmation of the validity of a partnership agreement, co-ownership, and confirmation of co-ownership. The court of first instance rejected the claim for confirmation of the validity of a partnership agreement, accepted the claim for confirmation of the validity of a partnership agreement, dismissed the claim for non-performance of compulsory execution based on authentic deed of a promissory note, and the fact that the defendant filed an appeal against the part of the claim for confirmation of validity of a partnership agreement,

Therefore, the scope of this court's trial is limited to the claim for valid confirmation of the contract.

2. The reasons for this part of the underlying facts are stated in Paragraph 1 of the judgment of the first instance except for dismissal or addition as follows:

(The main sentence of Article 420 of the Civil Procedure Act) The plaintiffs shall be the plaintiff and A, the plaintiff A shall be the plaintiff, and the plaintiff B shall be the plaintiff.

Part 6, 10, 11 "the instant trade agreement" is deemed to be "the instant agreement," and 25. "B" 23.

Part 7 3: The following shall be added:

(o) On May 10, 2012, the Korea Industrial Complex received a decision to voluntarily commence the auction procedure with respect to the instant land, factory, and additional factories as the competent governmental district court T.D., and conducted the auction procedure.

In the meantime, the Defendant won the lawsuit claiming the cancellation of the ownership transfer registration of the instant factory filed against D, and completed the registration of ownership preservation in the name of the Defendant on November 7, 2014, and completed the registration of ownership transfer on the same day to the Socheon Tech Co., Ltd. (hereinafter “ Socheon Tech”) on the grounds of sale.

A filed a lawsuit against D concerning the removal of the instant additional factory and won it, and removed the instant additional factory.

Therefore, the auction court excluded the factory of this case and the additional factory from the auction.

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