명의변경절차 이행청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the entry in this case by the court of first instance are as follows: ① “The right to permit” in Section 2, Section 12, Section 16, and “the right to occupy and use public waters in the attached list” in Section 16 are as follows: “The defendant has obtained the permission from the captain head of the Gun on June 26, 2019 with respect to the right to permit in this case from July 1, 2019 to October 31, 2019, with the permission number G from July 1, 2019 to October 31, 2019; ② the contents of Section 2, following Section 4, are added to Section 3, Section 4, and ③ the judgment of the court of first instance is as stated in the reasoning of the first instance judgment in addition to adding the contents described in Section 3, and this shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2.In addition, if the borrower has promised to transfer any other property right in lieu of the borrowed object with respect to the return of the borrowed object under Article 607 of the Civil Code, Article 607, the value of the property as at the time of the promise shall not exceed the aggregate value of the borrowed amount and the interest thereon;
Any agreement between the parties who violate the provisions of Article 608 of the Civil Act and the preceding two Articles, which is unfavorable to the borrower, shall be null and void in terms of redemption or any other pretext.
An agreement on payment in kind in violation of the agreement is null and void as a promise of payment in kind, but it is valid as an agreement on the establishment of a weak meaning of security for transfer: Provided, That if the subsequent agreement on the transfer of ownership is not completed, a creditor may file a claim for the implementation of the procedure on the transfer of ownership with respect to the collateral by reason of
(see, e.g., Supreme Court Decision 2015Da247318, Mar. 9, 2017). Therefore, the value of the instant permit exceeds the debt amount in this case.
However, the Plaintiff may claim against the Defendant for the implementation of the procedure for title change as to the instant permit.
3. Determination on addition
A. The defendant.