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(영문) 전주지방법원 2017.11.24 2017나905
대물변제금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

The court's explanation of this case is the same as the reasoning of the judgment of the court of first instance in addition to the following parts. Thus, the court's explanation of this case is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On September 5, 2014, with respect to the provisional attachment, mortgage, superficies, provisional registration, etc. established in part of the land purchased by Defendant C and H in order to use the part of the land as access roads to loan projects promoted by the Korea Agricultural Association Corporation, Plaintiff E and Defendant B, and D, as part of the land purchased by Defendant C and H, the Korea Agricultural Association Corporation shall cancel the said provision; Provided, That the Defendants’ obligations should be performed in advance or simultaneously, while the Defendants’ obligations should be met, the Defendants’ obligations should be met at the same time by deducting 120 of the exchange land relationship determined to be borne by Defendant B from 360 of the exchange land-related to the exchange land determined to be borne by Defendant B, which was divided into 240 to the Plaintiff at 120 and 120 of the Plaintiff.”

Part 9 of the decision of the first instance court " shall not be deemed to have lapsed upon the preparation of a written statement of performance dated September 5, 2014".

In conclusion, the judgment of the court of first instance is justified, and the plaintiff's appeal against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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