logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.08.26 2015나2075825
근저당권설정등기말소
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 alleged by the plaintiff in the judgment of the court of first instance are limited to the plaintiff's assertion of invalidity of the registration of establishment of a mortgage near the purport of the claim and appeal (hereinafter "registration of establishment of a mortgage over each of the instant case"). This is not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance (including the evidence submitted after the closing of pleadings) was submitted in the court of first instance (including the evidence submitted after the closing of pleadings), the judgment of the court of first instance rejecting the plaintiff's assertion is justified.

Therefore, the reasoning of this court's judgment is the same as that of the judgment of the court of first instance, and thus, it is decided to accept it by the main text of Article 420

The Plaintiff asserts to the effect that each of the instant mortgage agreements cannot be deemed a legally established document, unless the Defendant, who submitted the document, proves that the content of each of the instant mortgage agreements was written in blank, unless he/she proves that the Defendant presented and explained to the Plaintiff the key contents of each of the instant written contracts. Furthermore, in the event that he/she received a blank document with only the signature and seal of the person who prepared the document and supplemented the blank part, the document presenter is a legitimate title delegated by the person who prepared the document. In each of the instant mortgage agreements, the Plaintiff asserts to the effect that each of the instant contracts cannot be deemed a legally established document, unless he/she proves that the content of each written contract was based on legitimate title.

① However, each of the instant contracts to establish a mortgage is not arbitrarily filled after being signed and sealed in blank, but has been printed with the title "a written contract for the establishment of a mortgage on the first place" and the contents of the comparison with the same text.

arrow