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(영문) 대전지방법원 2019.09.24 2019나102114
청구이의
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the court of first instance is as follows, except for the supplement in the following cases as to the allegations that the plaintiffs stressed at the trial of the court of first instance or re-reconvened, thereby citing it as it is in accordance with the main sentence of

2. Supplementary parts

A. The gist of the Plaintiffs’ assertion is as follows: (a) in order to repay the secured debt to F.I.D., the mortgagee of the right to collateral security established on the instant real estate in accordance with the instant conciliation, the Plaintiff’s side obtained a separate loan from the instant real estate

Accordingly, although the plaintiff requested the defendant to provide necessary documents (such as a sales contract, a registration certificate, and a certificate of personal seal impression for sale), the defendant did not provide such documents.

According to the process and contents of the instant conciliation, the Defendant had a duty to cooperate under the good faith principle with the Plaintiff to provide the documents necessary for the instant real estate loan to the Plaintiff side.

B. The instant conciliation is difficult to deem that the Defendant’s obligation to cooperate with the Plaintiff in receiving the loan is also set forth in the Defendant’s obligation to provide funds for the repayment of the secured debt of the right to collateral security (the maximum amount of claims KRW 250,2200,000,000,000) established on the instant real estate.

According to the conciliation of this case, the defendant is obliged to pay KRW 320 million and perform his obligation to register ownership transfer (part of them shall be repaid upon repayment of the secured debt as above).

However, if the defendant provides all the documents requested by the plaintiff's side before or at the same time, the plaintiff's side can complete the registration of ownership transfer. Thus, the defendant's opportunity to exercise the right to defense of performance can be lost through the mediation of this case.

Even if the defendant was not paid KRW 30 million, the plaintiff's side demands the defendant.

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