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(영문) 대구지방법원 2021.02.09 2019나325870
근저당권말소
Text

Of the judgment of the court of first instance, the part concerning the real estate stated in attached Table 1 shall be changed as follows:

Reasons

1. Scope of trial of this court after remand;

A. The Plaintiffs filed a lawsuit against the Defendant for the performance of the registration procedure for cancellation of the registration of the establishment of a right to collateral security in the name of the Defendant as to each real estate listed in the attached list, and the first instance court rendered a judgment that fully accepts the Plaintiffs’ claim.

B. The Defendant only appealed and filed an appeal. Before the refund, this Court revoked the judgment of the first instance court, and dismissed the part of the claim for cancellation of the registration of the establishment of the right to collateral security as stated in the attached Table No. 2, and dismissed the Plaintiffs’ remaining claims (the part concerning the real estate stated in the attached Table No. 1).

(c)

The plaintiffs filed an appeal against the whole judgment of this court before remand, and the Supreme Court reversed only the part concerning the real estate in the attached list No. 1 and remanded to this court. As such, the part concerning the real estate in the attached list No. 2 among the plaintiffs' claims in this case was separated and finalized.

(d)

On the other hand, after remanding the case, the plaintiffs' application for participation in the acquisition of the right and the decision of acceptance of the lawsuit by this court were accepted by the defendant's intervenor. The plaintiffs changed the purport of the claim against the defendant's intervenor for the implementation of the procedure for cancellation of registration of cancellation of registration of establishment of right to collateral security

E. Therefore, the scope of this Court’s judgment after remand is limited to the part of seeking the implementation of the procedure for cancellation of registration of the establishment of a collateral security right with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant real estate”) against the Defendant Intervenor.

2. Basic facts

A. The Plaintiff 1) appears to be “A” as the exact name of the F Co., Ltd., but the corporate registry was not submitted, and the name of the company is identical to the parties and thus, indicated accordingly.

(hereinafter referred to as "F")

(l).

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