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(영문) 울산지방법원 2018.09.05 2018나20453
가등기말소
Text

1. The plaintiff's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. The reasoning of the judgment of the court of first instance cited by the plaintiff in the judgment of the court of first instance is not significantly different from that of the plaintiff alleged in the court of first instance, and even if the evidence submitted in the court of first instance and the purport of the whole pleadings in the court of first instance are examined, the judgment of the court of first instance is justified

Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for the following parts written or added. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The 11th to 16th of the judgment of the court of first instance shall be written by cutting the 12th to the 16th of the judgment as follows.

First, regarding 180 million won paid by the Plaintiff to the Defendant on September 5, 2014 (i.e., KRW 205 million). In full view of the contents of the liquidation agreement and the purport of the entire pleadings, the above KRW 180 million between the Plaintiff and the Defendant on March 24, 2014 (i.e., KRW 150 million among the loan principal of KRW 250 million on March 24, 2014; KRW 205 million on August 23, 2014; KRW 306.4 billion on August 24, 2014; KRW 200,000 on the loan principal of KRW 205,000 on the loan amount of KRW 305,000 on the loan amount of KRW 2065,00 on the loan amount of KRW 205,00 on March 24, 2014; and (ii) the remaining amount of KRW 305,000.1.

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