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(영문) 대법원 2012.02.23 2011다103953
근저당권설정등기말소등
Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment dismissing the Plaintiff (Counterclaim Defendant)’s claim for the cancellation of the registration of the establishment of a mortgage of this case on the ground that all the Defendant’s first and second loans are included in the secured debt of this case, and there is insufficient evidence to support that Defendant (Counterclaim Plaintiff)’s branch E omitted material explanation about the secured debt of this case at the time of entering into the instant mortgage agreement.

In light of the relevant legal principles and records, the above fact-finding and determination by the court below are just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors of violating the logical and empirical rules and exceeding the bounds of the principle of free evaluation of evidence, or of misapprehending the legal principles on the interpretation of intention and scope of guarantee

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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