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(영문) 인천지방법원 2018.12.12 2017나12738
근저당권등기의 말소회복등기
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 reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for cases where the judgment is dismissed as follows. Thus, it is acceptable to accept it as it is by the main sentence

2. The part to be mard;

A. Of the judgment of the court of first instance, the phrase “E criminal trials are pending in Incheon District Court 2017 Godan6787” in the fourth and fourth column of the judgment of the court of first instance as follows.

[E was sentenced to a judgment of conviction of one year of imprisonment in the first instance (Seoul District Court Decision 2017Ma6787 Decided June 21, 2018). Although E appealed appealed, it was sentenced to a judgment of dismissal in the appellate trial (Seoul District Court Decision 2018No278 Decided November 23, 2018).]

B. Of the judgment of the court of first instance, the phrase “the institution of a public prosecution” in the 7th order of the 7th one of the judgment of the court of first instance was added to “E has instituted a public prosecution, and E has received a conviction in both the first instance trial and the appellate trial.”

3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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