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(영문) 전주지방법원 2019.05.23 2018나5839
근저당권설정등기말소
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 main issue of this case is whether there is a secured debt of the right to collateral security (No. 53792) in the judgment of the court of first instance, and the reason why this court should be explained is that "the collateral security (No. 357 (1) of the Civil Act) is a mortgage created by setting only the maximum amount of the debt to be secured and reserving the determination of the debt in the future after the fourth 3th of the judgment of first instance (see, e.g., Supreme Court Decision 2009Da72070, Dec. 24, 2009), and there is a legal act establishing the secured debt of the right to collateral security separately from the act of establishing the right to collateral security (see, e.g., Supreme Court Decision 2009Da72070, Dec. 24, 2009)."

(However, the part against the defendant in the judgment of the court of first instance, which became separate and conclusive, is legitimate, so the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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