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(영문) 서울고등법원 2019.08.22 2018나2070326

가등기에 기한 본등기청구의 소

Text

1. The judgment of the first instance, including the Plaintiff’s claim selected by this court, is as follows.

Reasons

1. The reasoning for the court’s explanation in this part is as follows: (a) the part of “1. Basic Facts” is the same as the part of “1. Basic Facts” from No. 8 to No. 5 of the judgment of the first instance, except for partial modifications or additions as follows; and (b) therefore, it shall be cited by the main text of Article 420

An abbreviationd name established in the judgment of the first instance is also used below the same.

[Supplementary or added parts] Part 2 of the judgment of the court of first instance shall be divided into "Seoul Seocho-gu Seoul Metropolitan Government 216.2 square meters" into "Seoul Seocho-gu Magi 216.2 square meters."

On the second page of the first instance judgment, the first instance judgment " February 13, 2012" shall be followed as " February 13, 2013."

Under the second instance judgment, the second instance judgment "No. 10686" shall be applied to "No. 100686".

Part 3 of the judgment of the court of first instance, "as to the instant real estate," in Part 5, is added by the Seoul Central District Court No. 186980, Jul. 24, 2013, the registration office of the Seoul Central District Court:

Part 4 of the first instance judgment is from 1st to 3rd.

subsection (1) shall be filled by the following:

D. On June 16, 2017, the Plaintiff sent to the Defendant a content-certified mail a document stating that “The Plaintiff shall pay 500,000,000,000 won and interest thereon to the Defendant” to the Defendant by June 30, 2017, and that the document reached the Defendant around that time. As to this, the Defendant responded to the delayed delivery by the last day of October 26, 2017, the Plaintiff sent the document stating that the Plaintiff shall pay the principal and interest thereon to the Defendant by content-certified mail.

A person shall be appointed.

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendant, while borrowing KRW 500,000,000 from the Plaintiff, concluded a pre-contract for sale and purchase of the instant real estate and completed provisional registration, did not repay the above borrowed money and interest thereon.

The defendant does not pay the above debt to the plaintiff in accordance with Article 4 of the agreement of this case to the plaintiff.