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(영문) 창원지방법원 2018.01.24 2017나55791
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 first instance court's dismissal of the plaintiff's primary claim within the scope of this court's adjudication, and since the plaintiff did not appeal as to the primary claim, the plaintiff's primary claim is excluded from the judgment of this court.

2. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Judgment on the conjunctive claim

A. On August 17, 2012, the Plaintiff, a company specializing in debt collection of the Defendant’s main defense, naturally perused and examined the registry at the time of filing an application for provisional seizure of real estate regarding the instant real estate. Thus, even if the mortgage contract of this case and the mortgage establishment registration of the instant case were known as fraudulent act, it should be deemed that the Plaintiff was aware of the fact that the Plaintiff received legal opinion (No. 9-2) from an advising attorney-at-law before March 18, 2016, which received the legal opinion (No. 9-2) from the advising attorney-at-law. However, since the Plaintiff added the claim for revocation of a fraudulent act by submitting an application for provisional seizure of the instant real estate on March 30, 2017, the Plaintiff had become aware that the obligee became aware of the cause of revocation, and that the obligee was aware of the existence of the legal act within 1 year from the date when the obligee became aware of the cause of revocation, and that the obligee was aware of the existence of the legal act.

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