logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.08.13 2019나213260
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted by the court is added to the evidence submitted by

The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except for the following '2. dismissed or added'. Thus, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. In the second half of the judgment of the first instance on December 6, 2007, "On the other hand, with respect to the land D owned by C, the registration of creation of a mortgage was completed on August 31, 2009 by each debtor C, mortgagee I, and I, respectively, on the other hand, with respect to the land D owned by C and E (hereinafter "the above two lands") on December 6, 2007, "The registration of establishment of a mortgage was completed by each of the debtor C and mortgagee I, "C and mortgagee I," respectively.

B. On September 17, 2009, the first instance judgment: “C has completed the registration of ownership transfer based on the instant sales contract only on the instant land among the subject matter of the instant sales contract. Meanwhile, the Plaintiff transferred KRW 100,000,000 on September 18, 2009 to the account in the name of KN attorney-at-law of K law firm, a deposit payment account under the instant sales contract, and KRW 400,000 among intermediate payments on September 18, 2009, and the Defendant paid KRW 500,000,000 according to the instant sales contract did not conflict between the parties. However, the remainder of intermediate payments cannot be confirmed at any time.”

C. The land “F and B” in the third instance judgment of the court of first instance refers to the land “C.”

"No. 16 is added to column 3 (based on recognition) of the first instance judgment."

E. The fifth and seventh conduct of the first instance judgment is difficult, and the following is followed:

arrow