logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2020.07.22 2019나58929
공탁금 출급청구권 확인
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) the relevant part of the judgment of the first instance is written or added as set forth in paragraph (2) below; and (b) the Defendant’s new argument in the trial is as stated in the reasoning of the judgment of the first instance, except for the addition of the following paragraph (3). Therefore, this part is cited in accordance with the main sentence of Article 420 of the

2. The above judgment of the first instance court “B” in Part 3 of the third part of the judgment of the first instance court which was written or added “B” was written “B,” and KRW 1,209,537,394” and “B” in Part 66,623,540, respectively, “B” in Part 3 of the judgment of the second instance court of the first instance.

A. According to the reasoning of the judgment of the court of first instance, “each real estate of this case” was used as “the building of this case, which is a part of each real estate of this case,” and “the obligation to transfer the ownership of 1/2 shares among the buildings of this case” was stated as “the obligation to transfer the ownership of 1/2 shares among the buildings of this case.”

A. 66,623,534 Won 266,623,534 of the first instance judgment No. 6.5

A. On the other hand, the second deposit money was deposited on the basis of the compensation for the building of this case, which is objectively calculated by taking an arithmetic mean of the values appraised by the two appraisal agencies in the case of the first deposit. However, on the other hand, in the case of the second deposit money, it appears that there is no specific basis for calculating the amount as compensation for the building of this case.

A. Of the amount of KRW 1,210,08,088,254 that is actually distributed to the Defendant’s claim for the first deposit, KRW 982,075,696 was distributed to the mortgagee and the seizure authority regarding the instant building, and the remainder of KRW 228,012,558 (=1,210,08,254 - 982,075,696) was deducted from the remainder of KRW 1,210,08,254 - 982,075,696).

arrow