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(영문) 의정부지방법원 2019.06.13 2018나212826
배당이의
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 court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following cases. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for 12 pages 2 of the judgment of the court of first instance for a part written or added;

1. The part “in respect of the instant building” shall be added in front of the part “M” in paragraph (d) of the basic fact.

The evidence stated in the first instance judgment 4 pages 1 of the first instance judgment shall add “the testimony of the witness V of this court” to the evidence.

The portion of the first instance judgment 4th 7th 7th , "construction costs", "the payment of construction costs, after deducting the value of senior collateral security, shall be made."

The 4th page 16 of the first instance judgment "N" portion shall be added to "M".

No. 4 of the judgment of the first instance. No. 18 of the judgment of the court of first instance. Meanwhile, V registered titleholders, the owner of Q Q ground, moved in the above building on July 1, 2016. At the time, he/she completed the construction on his/her own because a considerable portion of the interior finishing construction was unconstruction.

“In addition to the part.”

The 5th to 10th of the first instance judgment shall be followed as follows.

“The Plaintiff asserted that N completed all of the construction of this case, but the statement of No. 8 alone is insufficient to acknowledge the Plaintiff’s above assertion, and there is no other evidence to acknowledge it.

Rather, the aforementioned evidence and evidence as indicated in Gap evidence No. 14 found that the purport of the entire pleadings was neglected, namely, the following circumstances: ① the internal finishing construction work was completed at the time of the moving-in of Q ground buildings in Q Q Q Q as seen earlier; ② according to the evidence No. 14, NN appears to have recognized that there was a debt for its M at the time of the establishment of the instant collateral security; ③ NN would have recognized that it had a debt for its M at the time of the establishment of the instant collateral security; and ③ it was from M on April 12, 2017 after the establishment of the instant collateral security.

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