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(영문) 서울중앙지방법원 2015.08.26 2014나65167
근저당권등기말소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff asserts that the registration of the establishment of a mortgage of this case, which was completed in accordance with the letter of this case, is also null and void. The defendant is obligated to cancel the registration of the establishment of a mortgage of this case to the plaintiff.

hereinafter referred to as "pinc." in sequence.

A. The summary of the claim 1) is that the Plaintiff, on behalf of the Defendant, bears the entire amount of damages to be borne by the Defendant due to the previous reproduction of the instant notes on behalf of the Defendant without any consideration. The content of each of the instant notes lies in significant imbalance between payment and consideration, and the Plaintiff, who did not prepare and deliver the instant notes, was in an imminent situation upon the Defendant’s intimidation to cancel the instant contract. Therefore, the agreement on each of the instant notes is null and void as it constitutes an unfair legal act under Article 104 of the Civil Act, which is determined under Article 104 of the Civil Act. 2) The agreement on each of the instant notes is deemed null and void as it constitutes an objectively and objectively unfair legal act under Article 104 of the Civil Act, and a subjectively unfair legal act is established when a transaction that lost its balance was conducted using brush, rash, or influence of the victimized Party. Accordingly, the purpose of the agreement is to regulate the brush act by using the flu

Here, the term “pathmbling” refers to “finite difficulties,” which may be based on economic causes, and may be based on mental or psychological causes, and whether a party was in an imminent state or not.

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