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(영문) 전주지방법원 2018.08.17 2017나10414
근저당권말소
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

1. The reasons for the court’s explanation concerning this case are as stated in the main sentence of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the written judgment, except for the addition or dismissal of the following.

The evidence Nos. 3 and 4 of the first instance judgment No. 7 of the fourth instance court's decision shall be "Evidence Nos. 3, 4, and 8 of the first instance court's judgment", and the "Witness D" of the third instance judgment No. 8 of the same face shall be "Witness D" of the first instance court's judgment.

Part 4 of the judgment of the first instance court, Part 21 of the judgment of the first instance added "AD, October 18, 2016."

The following is added to the third page of the fifth sentence of the first instance court's ruling.

The following is added between the five and six of the first instance judgment of "the defendant did not make any reflect upon the transmission of the plaintiff's text messages."

“4) The Defendant asserted that D, in preparing the instant performance memorandum, provided that if D did not repay KRW 35 million until September 20, 2016, the due date for payment, it would transfer D’s share on E’s 101 of the land to the Defendant. However, since D’s priority was established on the land, it would not have any value of collateral because D’s priority was denied, the Defendant would have received the instant real estate with D’s share on behalf of the said land as collateral and received the instant collateral.

However, in the case of failure to pay the money for rent in the letter of performance of this case, E land share 101 shall be transferred to the defendant.

“Before the execution letter of this case is drawn up, there is no mentioning that the Defendant created a mortgage on the land E, and the priority mortgage on the land in the name of the Full-time Saemaul Depository and F, established on the land above, shall be prior to the preparation of the execution letter of this case.

3. It was established on 25. The defendant was able to fully grasp the collateral value of the above land at the time of the preparation of a written statement of performance.

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