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(영문) 부산고등법원 2020.07.08 2019나58851
계약금반환 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons why the court should explain this part of the underlying facts are as follows, except for adding “A No. 10” to “(C) and “(f)” of the part of the reasoning of the judgment of the first instance as follows, and adding “A No. 10” to “the fifth and fourth parts of the grounds of the judgment of the first instance, and therefore, it is identical to the corresponding part of the grounds of the judgment of the first instance. Thus, it is acceptable in accordance with the

“. However, on January 2, 2018, with respect to each of the instant real property, the registration of provisional attachment for the creditor F’s claim amounting to 59,120,000,000 and the registration of provisional attachment for the creditor G’s claim amounting to 30,000,000. On the same day, the registration of provisional attachment for the cause of provisional attachment for the creditor H’s claim amounting to 40,000,000 and the registration of provisional attachment for the cause of provisional attachment for the creditor I’s claim amounting to 40,00,000,000 each of the instant real property was completed (hereinafter “each of the instant provisional attachment”).

6) On January 29, 2018, prior to the delivery of a duplicate of the instant complaint, the Defendant cancelled the registration of provisional attachment entry by creditor I with respect to the instant real estate on January 29, 2018, the registration of provisional attachment entry by creditor H with respect to the instant real estate on January 30, 2018, and the registration of provisional attachment entry by creditor F with respect to each of the instant real estate on February 19, 2018. After the delivery of a duplicate of the instant complaint, the Defendant cancelled the registration of provisional attachment entry by creditor G with respect to each of the instant real estate on March 6, 2018. On the other hand, on October 25, 2018, the creditor Ulsan Credit Guarantee Foundation’s claim amounting to 18,000,000,000, and the creditor company’s claim amount claimed on April 30, 2019, and the creditor’s claim amount of provisional attachment entry procedure began on March 31, 2019>

2. Determination

A. We examine the cancellation of the instant sales contract, and the Defendant’s right to restrict ownership, such as the right to collateral security and provisional registration, established on each of the instant real estate, by the payment date of the remainder under the instant sales contract.

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