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(영문) 대전고등법원 2018.08.29 2017나13319
근저당권말소
Text

1. The Plaintiff’s appeal against Defendant B Co., Ltd. and the change in exchange between Defendant C, D, and E in the trial.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from 3th to 5th place of the judgment of the court of first instance), except for the following modifications, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(B) According to the record, the right to collateral security (right to collateral security) registered No. 4 appears to have been transferred to AM through L. However, since the plaintiff or the Defendants did not assert it, this part shall not be separately recognized). (1) The fourth five parallels of the judgment of the court of first instance (2014.9.9.9.) of the fourth five parallels of the judgment of the court of first instance (2014.8.201.

2. The following shall be added to the fourth decision of the first instance:

On November 6, 2015, the Minister of Culture, Sports and Tourism requested the Minister of Culture, Sports and Tourism to supplement data on the current status and plan of the instant construction, current status of debts, and repayment plan (Evidence No. 23), and on November 18, 2015, the Plaintiff filed an application for the amendment of the articles of incorporation with the Minister of Culture, Sports and Tourism (Evidence No. 25) to rectify the amendment of the articles of incorporation with the content of the approval for the amendment of the existing articles of incorporation to delete all of the “loans” (Evidence No. 25).

(4) The court of the first instance shall have six to seven acts under the fifth sentence as follows:

[Reasons for Recognition] Evidence A (including each number, if any, with a serial number) Nos. 1 through 5, 21, 23, 25, 28

(ii) Eul evidence Nos. 1, 7, 11, Eul evidence Nos. 1, Eul evidence No. 1, and inquiry results to the Minister of Culture, Sports and Tourism of the court of the trial, the purport of the entire pleadings.

2. The assertion and judgment

A. Since the registration No. 1 is null and void for the following reasons alleged by the Plaintiff, Defendant Company, and Defendant C and D, who received part of the registration No. 1 by the registration No. 2 and 3, are obligated to cancel the registration No. 1 to the Plaintiff, and part of the registration No. 1.

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