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(영문) 수원지방법원 2018.11.22 2018나67527
가등기말소
Text

1. Revocation of the first instance judgment.

2. Defendant (Counterclaim Plaintiff) B and Defendant C are listed in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for the dismissal or addition as set forth in paragraph (2) below. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. The following facts are added between the third and tenth of the judgment of the first instance.

A person shall be appointed.

F. On August 16, 2018, the Plaintiff deposited KRW 18,129,452, totaling KRW 103,129,452, which was calculated at the rate of 15% per annum from March 16, 2017 to August 16, 2018 on the day following the delivery of a copy of the instant counterclaim, with Defendant B as a deposit account in Suwon District Court Decision 8628, Defendant B, as well as KRW 85,00,00,00 per annum.

A person shall be appointed.

B. On No. 3 of the judgment of the court of first instance, Gap evidence No. 24 is added to "the ground for recognition" of No. 10.

C. Once the third judgment of the first instance is rendered, the following shall be added.

“The Plaintiff asserts that the instant provisional registration should be cancelled, and that Defendant B’s counterclaim claim is groundless, since all of the aforementioned arguments were deposited in repayment of the money and damages for delay borrowed from Defendant B on August 16, 2018.”

D. Once the judgment of the court of first instance is rendered, the first to the fifth to fifth is dismissed as follows.

A person shall be appointed.

C. We examine the judgment on the ground of the claim for repayment, and the fact that the Plaintiff deposited the total amount of KRW 85,000,000 borrowed from Defendant B as the principal deposit, and the damages for delay thereof, are as shown in the above facts admitted. Therefore, the provisional registration of this case should be cancelled upon the extinction of the guaranteed obligation, and therefore, the Defendants are liable to implement the procedure for the cancellation registration of the provisional registration of this case to the Plaintiff.

In the end, the plaintiff's assertion on the ground of this part of the repayment is with merit, and defendant B's counterclaim seeking the payment of the above loan is without merit.

A person shall be appointed.

3. Thus, the plaintiff's claim of this case is justified.

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