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(영문) 부산지방법원 2018.07.11 2017나58823
배당이의
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 reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment

2. On the 5th 14th 17th 5th 17th 5th 5th 5th 5th 14th 17th 5th 17, “The certificate of free lease was prepared as a formal form with no substantial effect between the Industrial Bank of Korea and the defendant, or there is no evidence to acknowledge that the Industrial Bank of Korea knew or could have known that the certificate of free lease was different from the fact, and the defendant’s assertion on this issue is

The Defendant is merely merely a formal document prepared with the Defendant, since the Bank’s certificate of free lease did not affect the establishment and content of the Industrial Bank of Korea’s right to collateral security, and the Defendant did not incur any loss that is difficult or difficult to accept due to

It argues that the Industrial Bank of Korea knew or could have known that the certificate of free lease was different from the fact.

The witness F of the court testified that the Defendant had been residing in the instant real estate at the time of the Industrial Bank of Korea, that “G was able to enjoy money, not the normal pre-paid value, and live in the match.” However, G’s demand that the supplementary document requires was prepared to the Defendant without gathering the content of the certificate of free lease (Evidence A 5) but there was answer to the Defendant’s question that “ what is the above written certificate of free lease” is “no problem.” As such, G cannot be deemed as a formal document without any legal effect (the above document is not against G individual).

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