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(영문) 대전고등법원 2019.10.16 2019나126
소유권이전등기
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant for payment of the unpaid amount of KRW 60 million out of the loans inherited from U or transferred from other inheritors, (1) the execution of the procedure for registration of transfer of ownership with respect to shares of KRW 15/756 among the instant real estate based on subrogation of creditors, (2) the execution of the procedure for registration of transfer of ownership with respect to shares of KRW 15/756 among the instant real estate, (3) the payment of unpaid amount of KRW 240 million out of the loans acquired from G and F, and (4)

The first instance court dismissed the part of the claim, ② dismissed the part of the claim, ④ partly accepted the part of the claim.

As to the above judgment, only the defendant did not appeal against the judgment, the plaintiff did not appeal.

The first instance court accepted the defendant's appeal, and revoked the part against the defendant (No.4) of the judgment of the first instance, and dismissed the plaintiff's claim corresponding to the revoked part.

As a result, ①, ②, and ③ claims were affirmed by the judgment of the court prior to remand.

(See Supreme Court Decision 94Da44644 delivered on December 23, 1994, and Supreme Court Decision 99Da30312 delivered on April 27, 2001, etc.). The Plaintiff appealed against the above judgment and appealed to the Supreme Court. The Supreme Court reversed the part of the judgment of the party before remand, and remanded this part of the case to this court.

Therefore, the scope of the trial of the party after remand is limited to the claim ④ reversed and remanded.

2. Basic facts

A. On May 8, 2007, F, G, U, D and the Defendant’s agreement (Evidence A 4, hereinafter “instant agreement”) with the following content as follows.

Done. A. F. B.C., B(G), C.C./U.D., Non-Defendant.

1. The above Gap, Eul, and Byung lent money to the above Jung, Eul, and Byung, and the following agreements are made:

1) On November 15, 2006, KRW 50 million (the amount of creation of collateral security KRW 75 million) creditor F. F. 9,00 million on February 15, 2007 (the amount of creation of collateral security KRW 100 million)

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