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(영문) 서울고등법원 2019.05.22 2018나2075260
청구이의
Text

1. The plaintiff's appeal against the defendant B and the defendant C's appeal are all dismissed.

2. The plaintiff among the costs of lawsuit.

Reasons

1. Basic facts and the cause of the Plaintiff’s claim

A. The reasoning for the court's explanation of this part of the judgment of the court of first instance as to this part is that "the transfer contract of this case is null, void, cancelled, or cancelled as follows, execution based on the No. 1 No. 1 No. 1 notarial deed in accordance with the transfer contract of this case shall be rejected, since the transfer contract of this case was null, void, cancelled, or cancelled, and there is no transfer contract on the claim of the third-class collective security right, execution based on the No. 1 notarial deed in accordance with the transfer contract of this case shall be rejected. Further, execution based on the No. 1 notarial deed of this case shall be rejected only on the part exceeding 30 million won."

In addition to adding the part in the claim, it is identical to the corresponding part in the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. The additionally added portion (as set forth in the judgment of the court of first instance No. 7th 19th 6th 19th eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e

A person shall be appointed.

2. Determination

A. The plaintiff's assertion on the existence of the secured claim of the first third priority mortgage, the existence of a contract on the assignment of the above secured claim, the transfer of the above secured claim and specificness, and the validity of the third priority mortgage due to the appendant nature of the secured claim against the defendant B.

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