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(영문) 부산고등법원 2019.08.21 2019나52549
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Plaintiff.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiff’s additional argument at the court of first instance as follows. Thus, this is acceptable as it is in accordance with Article 420 of the Civil Procedure Act.

2. Determination on the Plaintiff’s additional assertion in the trial room

A. The plaintiff asserted that the "case of granting a preferential repayment of rehabilitation security right following the full payment of real estate sale price" submitted by the plaintiff is the document prepared by the administrator of B, who is the debtor, and submitted to the rehabilitation court. Each of the above collateral security rights is stated in the above document as "G," and since each of the above collateral security rights is stated in the document as "G," each of the collateral security rights in this case should be deemed to have to have been terminated by the deposit of this case with the beneficiary as "H or G," but even according to the entries in the above document, since each of the collateral security rights in this case is transferred to the defendant and the right holder at the time when the above document is prepared, this part of the plaintiff's assertion on a different premise is without merit.

B. In addition, the Plaintiff asserts that since the Defendant’s receipt of each of the instant secured claims from G by lack of any obligation and debt relationship with G is merely a receipt of the right to collateral, or a receipt of the right to collateral transfer without the transfer or acquisition of the right to collateral transfer, each of the instant secured claims should be cancelled since it did not exist.

However, as long as a disposal document is deemed to be genuine of its formation, the court shall have the existence and content of its declaration of intent as stated in the content, unless there is any clear and acceptable counter-proof to deny its contents.

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