beta
(영문) 의정부지방법원 2015.01.16 2014나7323

근저당권설정등기

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The plaintiffs subject to the judgment of this court filed a claim against the defendant for the execution of the procedure for the payment of each money and the registration of creation of each collateral security for the defendant. The court of first instance accepted the plaintiffs' respective monetary payment claims, dismissed the claim for the performance of the procedure for the establishment of each collateral security for the defendant, and only the defendant appealed on the above part of the claim for each of the above monetary payment. Accordingly, only

2. The court's explanation on this part of the facts of recognition is the same as the statement from 10 to 19 of the second 10 of the judgment of the court of first instance. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination as to the cause of action

A. The plaintiffs asserted that at the time when the defendant purchased the inspection of this case, the defendant, the plaintiff A, the plaintiff A, and the plaintiff B, the plaintiff B, respectively, lent KRW 75,000,000 to the defendant, and the defendant is obligated to pay each of the above amounts and the damages for delay to the plaintiffs (hereinafter "the above loans"). The defendant asserted that at the time of the purchase of the inspection of this case, the defendant only paid the purchase price with the money in the F's account and did not borrow money from the plaintiffs.

B. In full view of the overall purport of the arguments as to the evidence Nos. 2-1 through 3-2, evidence Nos. 4-1 through evidence Nos. 12, evidence Nos. 4-1 through 12, testimony of witness F of the first instance court, and the result of the examination of the representative of the defendant of the first instance court on Oct. 16, 2009, the Defendant’s representative purchased the instant temple on behalf of the Defendant for KRW 280,000,000. The down payment of KRW 28,000 on Nov. 30, 2009; the intermediate payment of KRW 232,00,000 from Sep. 20, 2009 to Jan. 28, 2009; and the Plaintiff transferred KRW 30,000 to the Plaintiff’s account as shown in the separate sheet No. 9974, Sep. 20, 209; and the Plaintiff transferred KRW 30,000.