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(영문) 서울고등법원 2018.09.21 2018나2021140
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 reasons why the court of the first instance as to this case are stated are as follows, and this part is cited by the main text of Article 420 of the Civil Procedure Act, since it is identical to the reasons for the first instance judgment except for the use of each relevant part as follows. The part of the first instance judgment to be used is as it is. The plaintiff's assertion 2.

A. The Plaintiff, by deception of E and F, consented to conclude a mortgage contract with the knowledge that a secured loan was received at the D Bank Bobal point in accordance with the instant sales contract, with the knowledge of the receipt of the secured loan at the D Bank Bobal point, and decided to E with the document and power of attorney, etc.

B. E, etc., using the aforementioned documents, concluded the instant mortgage establishment contract with the mortgagee as the Defendant and completed the registration of establishment of the instant mortgage establishment on the ground of such contract.

In addition, G, the husband of the defendant who actually concluded the mortgage contract of this case, knew or could have known that the mortgage contract of this case was concluded by deception of E, etc.

C. The instant mortgage contract was concluded by deception of a third party as above, and the Plaintiff cancelled the instant mortgage contract by delivery of a duplicate of the instant complaint.

Therefore, since the registration of the establishment of a neighboring mortgage of this case is the registration of the invalidity of cause, the defendant is obligated to cancel it to the plaintiff.

Of the judgment of the court of first instance, the part of the 6th to 14th day of the 8th day of the 14th day of the 14th day of the 19th day of the 19th day of the 19th day of the 19th day

1) In a case where a third party makes a fraud or duress with respect to a third party’s declaration of intent to be the other party’s deception, the said declaration of intent may be revoked only when the other party knew or could have known of such fact (Article 110(2)2 of the Civil Act). (2) No. 23, No. 27, and No. 4 through No. 6, respectively.

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