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(영문) 대법원 2015.10.29 2015다41077
근저당권말소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined as follows: (a) on each real estate listed in the separate sheet owned by the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) as indicated in the lower judgment, the registration of the establishment of a neighboring mortgage completed in the future of the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was the registration of the invalidity of cause completed without a legitimate

In light of the records, the above judgment of the court below is just, and there is no error of omission of judgment as alleged in the grounds of appeal.

2. On the ground of appeal No. 2, the lower court determined that it was difficult to view that there was a reasonable ground to believe that the Defendant had a right to conclude the instant mortgage contract against L on the grounds of its stated reasoning.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to legitimate grounds in the representation of expression under Article 126 of the Civil Act

3. As to the third ground for appeal, the lower court determined that it was difficult to view that the Plaintiff had a relation of de facto directing and supervising L on the grounds as stated in its

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the

4. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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