계약취소를 원인으로 한 원상회복청구의 소
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.
1. The grounds for admitting the judgment of the court of first instance asserted in the trial while filing an appeal by the plaintiff at the court of first instance are not different from the allegations in the court of first instance except for the following “3. Additional Judgment”, and the judgment of the court of first instance is deemed legitimate even if the statement of evidence Nos. 18 and 19 submitted in the examination of the evidence submitted by the court of first instance was neglected.
Therefore, the reasoning for this Court regarding this case is as follows, except for adding "3. additional determination" as follows, and "3. Additional determination", and therefore, it is consistent with the reasoning for the first instance judgment. Therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Appellant of the first instance judgment
A. On the second ground, the phrase “as of May 1, 199” as follows shall be added to “as of May 1, 199.”
B. On the 3rd page 11, the “original area” is fixed to the “principal” and the “second-class Savings Bank” is added in the front of the “Second-Class Savings Bank” in the 14th page.
C. On No. 4, No. 3, the “this case’s commercial building’s security” is deemed as “a part of the instant commercial building from collateral”, and the “written application was filed,” as “the instant application was filed,” respectively.
Part 5, "a bond transfer contract" in Part 19 is regarded as "transfer contract".
E. On the 6th page 1, the “12,175,890,390 won” is deemed as “12,375,890,390 won” and the “2,175,890,390 won” of the 4th class of the 6th page 1 is deemed as “2,375,890,390 won” respectively.
F. On the 9th page 1, the “influence of the secured object” is deemed to be “influence of the security right as to the secured object,” and the “influence” of the 20th page 1 is deemed to be “influent of the warrant subject matter,” respectively.
G. On the 11th page, the “security interest” as “security interest” and the “security interest” as “security interest” respectively.
3. Additional determination
A. 1 The Plaintiff, at the time of entering into the instant transfer contract, has already 18% share in the instant commercial building, which is collateral, K and K.