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(영문) 부산지방법원 2015.03.20 2013나16104 (1)
대여금등
Text

1. The plaintiff's claim against the defendant G that was changed in exchange at the trial is dismissed.

2. Defendant B, C, and .

Reasons

1. The reasons why the court should explain this part of the judgment as to the plaintiff's claim against the defendants of appeal are the evidence added to the court of first instance, and it is not sufficient to recognize the defendants' assertion as to "No. 18, 19, the claims for the loans to the defendant Eul by acquiring the defendant Eul through a special purpose corporation established by the defendant Eul, or the defendant C exempted the defendant Eul's joint and several liability." This part of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for adding "the defendant F's future" as stated in the 1, 2, and 4 of the judgment of the court of first instance, since it is not sufficient to recognize the defendants' assertion as to "the claims for loans to the defendant Eul by acquiring the defendant Eul through the special purpose corporation established by the defendant Eul, or the defendant C exempted the defendant C'

2. Determination as to the claim against Defendant G

A. On December 24, 1998, Defendant C concluded a pre-sale agreement with Defendant G with regard to real estate under Paragraph 10 of the attached Table No. 10 of the attached Table No. 1998, but the right to complete the pre-sale agreement was extinguished on December 24, 2008.

Nevertheless, Defendant G completed the principal registration of this case on the basis of the provisional registration of this case, and thus the cause of the provisional registration of this case and the principal registration of this case is null and void, and Defendant G is obligated to implement the procedures for cancellation of the provisional registration of this case and principal

The plaintiff seeks implementation of the provisional registration of this case and the cancellation registration procedure of principal registration by subrogation of the defendant C, who is insolvent.

B. Whether the period of exercise of the right to complete the purchase and sale under Article 564 of the Civil Act has expired or not (i) the right that the other party to the purchase and sale bears the effect of the sale by expressing the intention to complete the purchase and sale in the unilateral promise (i.e., the right to complete the purchase and sale as a kind of right to complete the purchase and sale) as provided by Article 564 of the Civil Act (i.e., the right to complete the purchase and sale, if so agreed between the parties, within such period

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