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(영문) 서울중앙지방법원 2018.10.23 2017나79471
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 the judgment of the court of first instance cited by the court of first instance is to be deleted or removed as set forth in the following 2, and the argument that the plaintiff added or emphasized by this court as to the assertion that the plaintiff added or emphasized by this court is identical to the ground of the judgment of the court of first instance, and thus, it is to be cited in accordance with the main sentence of

2. Article 15 of the judgment of the court of first instance (hereinafter “instant real estate”) provides that “(The multi-household house at that time was not registered as sectional ownership at that time, and the multi-household house at that time seems to have been registered as sectional ownership, such as the indication of a building with a section for exclusive use listed in the separate sheet at October 20, 2016; hereinafter in this case, multi-family house and its site prior to the registration of sectional ownership shall be referred to as “each of the instant real estate”).” (The multi-household house and its site before the registration of sectional ownership shall be referred to as “each of the instant real estate”).

The second page 16 of the judgment of the court of first instance added "(On the other hand, the plaintiff purchased land among each real estate of this case, which is the land of this case, from Seoul Special Metropolitan City on November 2, 2001, and completed the registration of ownership transfer on December 28, 2001. Since L, which is the husband of the plaintiff, borrowed money from R Co., Ltd on April 30, 2003 and newly constructed the above multi-family house on the ground, and the registration of ownership transfer was completed in the name of the plaintiff on October 2, 2003."

The "multi-family house" in the sequence 1 in the table at the second bottom of the judgment of the court of first instance shall be understood as "multi-family house and its site".

The third part of the judgment of the court of first instance, "the instant real estate" is "each of the instant real estate," and the third part of the same paragraph "the instant collateral security" is "each of the instant collateral security," respectively, and the third part of the judgment of the court of first instance is "the instant real estate," respectively.

On the fourth page of the judgment of the first instance, the "Witness" shall be deemed the "Witness of the first instance court", the "this court" in the first instance court in the same face shall be deemed the "Court of the first instance", and the 6th page "No. 13, 14, and 11."

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