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(영문) 대전지방법원 2017.01.13 2016나103079
근저당권말소
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

The reasons why the court should explain this case in this case are as follows, the following facts are added to the "written evidence No. 6" under the 4th judgment of the court of first instance, and the judgment of the defendant as to the argument in the trial of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for addition of the judgment of the defendant as to the argument in the trial of the court of first instance under the 3th judgment of the court of first instance as follows

On August 22, 1997, the defendant claimed that C paid 2,000,000 won, which is a part of the debt borrowed, to the defendant on August 22, 1997, and that on April 24, 2005, the repayment period for the defendant was delayed, and that on July 1, 2005, the defendant would repay the debt with demanding payment from the defendant on July 1, 2005, and that the claim secured by the right to collateral of this case was not completed.

However, it is not sufficient to recognize that C had granted debt approval during the above period only with the descriptions of the evidence of Nos. 5 through 7 and the testimony of J by the witness of the party at the trial, and there is no other evidence to acknowledge it.

Therefore, the defendant's assertion on this premise is rejected.

In conclusion, the decision of the first instance court is justifiable, and the defendant's appeal is dismissed as it is without merit.

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