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(영문) 수원지방법원 2017.11.23 2017나64439

가등기에 기한 본등기 청구의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of this case is as stated in the corresponding part of the judgment of the court of first instance, except for the part of the "decision of the defendant's defense, etc." in Part V through Part VI of the judgment of the court of first instance, since the court of first instance citing the reasoning of this case is the same as that of the judgment of the court of first instance, it shall be cited as it is in accordance

"Around November 2012, the defendant's assertion was faced with an imminent situation where the defendant should be allowed to engage in a loan in order to prevent the progress of the auction procedure on the land of this case. However, the plaintiff, using the defendant's critical circumstance, presented a loan certificate (No. 4) stating that "if the payment of interest is delayed for not less than one month, the payment of interest shall be made" to the defendant, and the above loan certificate requires the defendant to affix his seal and affix his seal to the above loan certificate. The defendant had no choice but to place the defendant's seal on the above loan certificate. However, it is obvious that the plaintiff's preparation of the above loan certificate stating that the defendant will impose the obligation to implement the procedure for this registration on the land of this case which is worth KRW 1 billion by taking advantage of the defendant's poor condition, making it difficult for the plaintiff to raise the value of the land of this case in accordance with the land substitution plan and raise the value of the land of this case, and making it clear that the plaintiff had already filed a lawsuit on the land of this case.