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(영문) 서울중앙지방법원 2018.04.04 2017나63667

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance, i.e., “other than the above trust agreement” in the 2nd 15th 2nd 2nd 15th 2nd 2nd 4th 4th 2nd 2nd 2nd 2nd 2nd 2nd 3nd 5th 5th 5th 5th 16th 2nd 3rd 16th 2nd 16th 2nd 16th 2nd 3rd 4th 2nd 200

2. The following shall be added to the portion added to the judgment of the first instance, 5 pages 5, 15.

According to the evidence Gap 10, the plaintiff's confirmation request on this case on November 30, 2017 can be acknowledged as follows: "The Korea Trust planned to terminate the existing security trust contract on the land and to conclude a new security trust contract on the land and the completed building on December 20, 2017." However, the defendant's provisional attachment, etc. failed to terminate the existing security trust contract on the land and the completed building. Thus, it seems that even before the defendant's provisional attachment, the trust contract on each of the above lands and detached houses is expected to have already been concluded on the same day, and the trust contract on each of the above lands and detached houses is separately concluded on each of the above lands and detached houses, and the trust contract on each of the above lands can be different, but it cannot be seen as having been added, and if the plaintiff did not make any further assertion as to this, the judgment of the court of first instance."

Even if the defendant's provisional attachment is the second trust contract.