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(영문) 서울고등법원 2018.06.20 2018나2012214
근저당권말소
Text

1. The plaintiffs' claims against the defendant C, which were changed in exchange in the trial, are dismissed, respectively.

2...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[The part to be removed or added] Article 15 of the judgment of the court of first instance (including the part of gambling) was "the registration of the establishment of a neighboring mortgage was completed". "The registration of the establishment of a neighboring mortgage on each real estate of this case was completed (the registration of the establishment of a neighboring mortgage of this case)."

The part related to the claim for cancellation of the registration of the transfer of a right to collateral security is as follows from Nos. 4 to 19 of the judgment of the first instance court.

A person shall be appointed.

A. G related to the claim for cancellation of the registration of the establishment of a neighboring real estate was planned to construct a new house in each of the instant real estate units. However, X, a construction business entity, recommended G to sell and sell each of the instant real estate to another person, and introduced I, the representative director of H, and during that process, H’s Y (one Z) was also known.

At the time, I proposed that G newly build and sell each of the above real estate loans to G, and accordingly the sales contract was concluded between the plaintiffs and H.

After the conclusion of the above sales contract, I found G and "I have high interest on loans borrowed from Incheon Mutual Savings Bank, with a lower interest rate, affix a seal on the relevant documents to the new bank, which is the first financial right, and have different documents such as a certificate of personal seal impression," and G has affixed a seal on the above documents and issued related documents such as a certificate of personal seal impression.

However, I, unlike the promise, registered the establishment of the instant real estate in the name of the credit service provider, not the new bank, in respect of each of the instant real estate in which the mortgage was not established in the name of Incheon Mutual Savings Bank, using the above documents.

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