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(영문) 춘천지방법원 2018.11.14 2017나1367
근저당권말소등기
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 reasoning of the court’s explanation concerning this case is as follows, except for the following additional statements, the reasoning of the judgment of the court of first instance is the same as that of the part of the grounds of the judgment of the court of first instance, and such additional statements are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part used after the completion of the construction or addition (from the fourth to the second half of the judgment of the court of first instance) is to extinguish the future conditional right to claim ownership transfer, which is a secured claim of the right to collateral security (see, e.g., Supreme Court Decision 2015Da65035, Sept. 28, 2016). Moreover, in the event that a real estate purchaser continues to possess farmland upon delivery of the target real estate, there is no sufficient evidence to acknowledge that his/her obligation to register ownership transfer under the sales contract of this case has become impossible (the fourth nineth to the judgment of the court of first instance) on the other hand, where the establishment of a neighboring mortgage is completed in order to secure the right to claim ownership transfer on the condition that the right to claim ownership transfer transfer is impossible, and the condition that the right to claim ownership transfer transfer registration is impossible, the right to claim ownership transfer registration, which is a secured claim of the right to collateral security, is also extinguished if the Defendant occupies farmland with the ownership transfer of the target real estate in the sale contract of this case.

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