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(영문) 춘천지방법원 2019.07.10 2018나53297
약정금
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 Plaintiff’s grounds for appeal 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 in the court of first instance can be deemed legitimate.

Therefore, this court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, except for the addition as follows.

2. After the fifth bottom of the judgment of the first instance, the part added, “The Plaintiff was released from the establishment of H’s right to collateral security on the instant apartment under the circumstances that the Defendant owed the obligation to G, and that G was revoked. As such, the Plaintiff’s maximum debt amount of H’s right to collateral security should also be included in the disposal price of the instant apartment. However, there is no evidence to acknowledge that G had a claim against the Defendant. Therefore, it cannot be deemed that the Defendant would have accrued the same profit as the purchase price was paid, on the ground that H’s right to collateral security was revoked, and thus, it is difficult to deem that KRW 50,000,000 of the maximum debt amount of H’s right to collateral security was included in the disposal price of the instant apartment.”

After the fourth bottom of the fifth judgment of the first instance, “G also submitted a written response to the examination of the witness that included a statement in the first instance that the Defendant requested the disposal of the instant apartment without receiving a separate purchase price, with the content of accepting the instant apartment without having received a separate purchase price.”

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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