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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of the four to fourteen (2) of the judgment of the court of first instance (2-b) as follows, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
- Parts modified -
B. (1) Determination (1) The burden of proving the grounds for objection against distribution in a lawsuit of demurrer against distribution is in accordance with the principle of allocation of the burden of proof in general civil procedure. Therefore, in a case where the plaintiff asserts that his claim has not been constituted, the defendant is liable to prove the facts of the cause of the claim, and in a case where the plaintiff asserts that his claim has become null and void as a false declaration of
(See Supreme Court Decision 2005Da39617 Decided July 12, 2007, etc.). In addition, whether provisional registration is a provisional registration for security shall not be determined formally by the type of documents exchanged at the time of indication or registration on the registry, but shall be determined by the substance of the transaction and the interpretation of the intent of the parties.
(2) Only the evidence Nos. 4 and 6 through 9 of this case’s provisional registration is based on the false declaration of intent, or it is insufficient to recognize that the characteristic of the provisional registration of this case was a provisional registration for preserving the right to claim ownership transfer registration, and there is no other evidence.
Rather, comprehensively taking account of the purport of the entire arguments in Eul evidence Nos. 1, 2, 3, 9 (including additional numbers), the defendant lent KRW 60,000,00 to D around December 16, 192, and D prepared and delivered each payment note to the defendant around November 23, 1994 and August 25, 199. The defendant prepared a written statement of payment statement to pay KRW 120,000,000 to the defendant by August 21, 2009, including interest, around January 1, 2009.