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(영문) 수원지방법원 2020.01.08 2019나65245
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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the first instance except for dismissal as follows, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

2. The order of dismissal in the part of the judgment of the first instance shall be "the first order" in the third fifth part of the judgment of the first instance.

The fourth-class 12 to 21 of the judgment of the first instance is as follows.

First, as to whether there was a legal act between E and the defendant establishing the secured debt of this case, considering the facts acknowledged as above and the whole purport of the pleading in the evidence Nos. 2, 4, and 5 as to whether there was a legal act between E and the defendant, E obtained a loan from the H bank on February 8, 1996, and the defendant took a joint and several guarantee for the secured debt of the H bank, E obtained a loan from the H bank on February 9, 198, and E obtained a certificate of loan from the Defendant on February 9, 198. The defendant sent 10,489,000 won to the HH bank account under the name of E on February 17, 1998, and subrogated for a loan obligation of the HH bank. Accordingly, according to this, the defendant did not accept the judgment of the court of first instance that the secured debt of this case was established from the above secured debt of this case for the purpose of securing the secured debt of this case as follows.

Finally, as seen earlier, the secured claim of the instant right to collateral security has expired upon expiration of the extinctive prescription, and the secured claim of the instant right to collateral security was established on February 17, 1998.

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