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(영문) 서울고등법원 2019.04.11 2018나2072889
근저당권말소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as the reasoning of the judgment of the court of first instance, except for the part to be modified or deleted as provided in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 4

(A) The grounds alleged by the Defendant in this Court in the appeal are different depending on the contents alleged in the first instance court, and even if all of the evidence presented in the first instance court is considered, it shall not be deemed different from the fact-finding and judgment of the first instance court). 2. The amendment and deletion of the part of the second instance judgment, which is modified and deleted, is changed to “this court” as “the first instance court”.

Part 3 of the judgment of the court of first instance, "Defendant D" through "the registration of establishment of a neighboring mortgage" shall be deleted.

In the first instance judgment, the number is attached to the registration of the establishment of a mortgage of this case or the establishment of a mortgage of this case (hereinafter referred to as the "mortgage of this case" or the "registration of the establishment of a mortgage of this case") and the second instance judgment from No. 17 to No. 19 on the same page (hereinafter referred to as "the establishment of a mortgage of this case or the establishment of a mortgage of this case") are changed to the "the registered establishment of a mortgage of this case" with a number attached to "the registered establishment of a mortgage of this case or the creation of a mortgage of this case (hereinafter referred to as "the registered establishment of a mortgage of this case")".

Part 3 of the judgment of the first instance shall be deleted from the 19th to the 4th 1st .

Part IV of the first instance judgment "Defendant B, G, 4, 6, 7, 5, 3, 4, 16, 6, 15, 12, 2, and 6, respectively, "Defendant B, C", and "Defendant C, 5, 5, 14, 20, 7, 11, 20, 11, 21, 4, and 8, respectively.

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