[가등기설정등기말소,근저당권설정등기말소][집11(1)민,004]
Where the receipt of deposited goods is conditional, the effect of the subrogated deposit;
Even if the total amount of principal and interest is deposited for repayment, if the amount of deposited goods is conditional, it shall not be effective as the deposit for repayment.
severe e-mail
Park Jae-nam
Bedlocks
Seoul District Court Decision 4294 civilian 830 delivered on September 27, 1962, Seoul High Court Decision 4294Da830 delivered on September 27, 1962
The part against the defendant in the original judgment shall be reversed and the case shall be remanded to the Seoul High Court.
The appeal by the plaintiff Lee Jong-il is dismissed.
The costs of appeal by Plaintiff 1 is assessed against the same Plaintiff.
The grounds of appeal by the plaintiff 1-day agent and the grounds of appeal by the defendant 2-day agent are as shown in the attached Form.
As to the ground of appeal by the plaintiff Lee Jong-il agent
According to the contents of evidence Nos. 13 in the original judgment, it is evident that the above final judgment was ordered to execute the registration procedure for transfer on the ground that the defendant purchased and acquired the real estate listed in the No. 1 and 2 of this case from the date of the plaintiff's judgment on February 7, 1959 from the date of the plaintiff's judgment, and on the ground that he acquired the ownership on February 12, 1959, the above final judgment was ordered to acquire the ownership. Accordingly, the plaintiff's appellate court's explanation that the plaintiff's appellate court cannot make any assertion on the premise that the ownership of the real estate in this case is not the defendant pursuant to the res judicata effect of the above final judgment, is somewhat insufficient, and it is not clear that the expression of the reason explanation that the ownership of the real estate in this case is not sufficient and clear, but that the ownership of the real estate in this case as evidence of the above No. 1 and No. 12
As to the ground of appeal No. 7 by the defendant representative
The judgment of the court below was based on the evidence Nos. 3 and 7, and the judgment of the court below was made on Nov. 5, 1959 that the date of plaintiff Park Jong-nam deposited KRW 582,140 on Nov. 5, 1959 and deposited KRW 644,536,60 on Apr. 6, 1962 by subrogation of the plaintiff Park Jong-nam deposited KRW 64,5360 on Apr. 6, 1962. Thus, the defendant was exempted from the obligation of KRW 1,226,666,60 on the part of the defendant up to the time, and the above security relation was terminated. However, according to the above evidence No. 3's contents, the receipt of the deposited article cannot take effect as a repayment deposit, and it cannot be deemed that the deposit of the above obligation was effective on Apr. 6, 1962 on his behalf.
Therefore, according to Articles 395, 384, and 406 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Lee Jin-chul (Presiding Judge)