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(영문) 의정부지방법원 2020.10.22 2019나214140

약정금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

Basic Facts

The reasoning for this Court’s explanation is as follows, and this part of the judgment of the court of first instance is the same as that of Article 420 of the Civil Procedure Act. Thus, this Court’s explanation is cited by the main sentence of Article 420 of the Civil Procedure

The second sentence of the first instance judgment " May 25, 2007" in the second sentence of the second sentence shall be " June 22, 2007".

The second, the second, the second, and third, the third, the “A” in the 10th, shall be considered as the “Plaintiff”.

2. The parties' assertion

A. In accordance with the terms and conditions of the instant sales contract, the Plaintiff was responsible for both the right to collateral security and the provisional seizure set up on each real estate listed in the separate sheet, including the instant provisional seizure. This constitutes a joint assumption of obligation performed by E and the Defendant with the intent of having the Plaintiff acquire the claim directly against the Defendant.

Therefore, the Plaintiff, who completed the registration of provisional seizure in accordance with the letter of performance of this case, has the right to seek the amount of claim under the letter of performance of this case directly against the Defendant, who is the assignee

(In practice, the Defendant obtained the deduction of the share of the instant provisional attachment out of the purchase price to be paid to E through the above conciliation procedure with E. (B).

Defendant 1) The term “the terms and conditions of the instant sales contract” refer only to the Defendant’s disadvantage in the event of a matter of obligation related to the real estate which is the object of the instant sales contract, and do not include the Plaintiff’s provisional attachment obligee, etc. as the intent to directly acquire the claim against the Defendant. Therefore, the said special terms and conditions are not concurrently assumed, but merely performance acceptance. Furthermore, the said special terms and conditions are newly established in relation to the rights and obligations relating to the instant sales contract according to the conciliation between the Defendant and E on September 8, 2016, and thus, the Plaintiff cannot be held liable for the Defendant’s provisional attachment on the basis of the terms and conditions of the instant sales contract.

3. The above.