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(영문) 인천지방법원 2019.11.27 2018나67780
근저당권말소
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The Defendant (Counterclaim Plaintiff) that was filed in this Court against the Plaintiff.

Reasons

1. Grounds for the court’s explanation concerning this case is set forth in the judgment of the court of first instance.

B. The reasoning of the judgment of the court of first instance is as follows, with the exception of the determination of the Defendant’s assertion as follows. Even if the Defendant’s additional evidence submitted in the appellate court was examined, there is no reason to reverse the conclusion of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article

2. Judgment on the defendant's assertion

A. 1) Determination of the assertion of the existence of the right of representation 1) The gist of the assertion is that the Plaintiff granted C the right of representation with respect to the lending of money and the establishment of a right of representation with respect to mortgage, which is the spouse, or such act is included in the scope of the spouse’s right

According to the statement of evidence No. 2, witness C’s testimony, and the purport of the entire pleadings, C’s establishment of a right of representation in the name of the Plaintiff without the Plaintiff’s consent, forged a confirm document, and set up a right of collateral on real estate under the Plaintiff’s name, and thereby, C was punished for the crime of forging private documents. As such, the establishment of a right of representation in connection with the borrowing of money and the establishment of a right of representation on the sole basis of the evidence or circumstances presented by the Defendant cannot be deemed to have been granted to C, as seen earlier.

Therefore, the defendant's above assertion is without merit.

Next, we examine the assertion of the right of temporary representation.

The term "legal act with respect to family affairs" under Article 832 of the Civil Act refers to a legal act with respect to ordinary affairs necessary for a couple's community. The specific scope is not only realistic living conditions such as marital community's social status and financial capacity, but also determined according to the custom of the community, which is the place of living of the couple's community, but also the specific legal act.

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