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(영문) 서울중앙지방법원 2016.12.14 2016나24795

구상금

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 reasons for the court's explanation concerning this case are as follows: (a) under the second sentence of the judgment of the court of first instance, "the plaintiff" shall be deemed to be "the defendant"; (b) the fourth part of the fourth part "the process of concluding a sale and purchase contract between the plaintiff and the defendant" shall be deemed to be "the process of concluding the above sale and purchase contract between the plaintiff and the defendant"; and (c) the fourth through fifth part "judgments" shall be deemed to be the reasons for the judgment of the court of first instance, except as follows; and (d) the creditor's right to the debtor to be preserved by subrogation of the debtor is a monetary claim if the creditor's right to the debtor to be preserved by subrogation is a pecuniary claim, namely, the necessity for preserving the creditor's right to the third debtor only when the debtor is insolvent, the creditor may exercise his right to the third debtor's right on behalf of the debtor (see, e.g., Supreme Court Decision 2008Da7656, Feb. 26, 2009).

Even if the above B is insolvent.

Even if the above evidence No. 4, No. 5-1, No. 2, No. 6, No. 7, and No. 1 are stated, the defendant bears the obligation to return the remaining amount to B in cases where there are money remaining after having appropriated the disposal price of the real estate of this case in preference to the trust contract expenses and the claims of the priority beneficiary, and the disposal price of the real estate of this case is the above expenses and remuneration, and the Busan mutual savings bank and the first priority beneficiary company.