logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.07.08 2016나51101
근저당권설정등기말소등기절차이행
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the reasoning of the judgment of the court of first instance, except for adding the following determination to the new argument of the plaintiff at the trial of the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. The defendant asserts that, in addition to the decision of the court of first instance, the defendant is obligated to pay KRW 30,492,000 to the defendant for the saved steel supplied by the defendant, and that the above amount can be the secured debt amount of the right to collateral security of this case.

On the other hand, this case's claim subject to transfer based on the transfer of this case's claim is "the purchase price claim for the AONT which will be created under the supply contract of this case", and it is recognized as above that the registered steel did not have any purchase price claim for the AONT which is the secured claim of this case's right to collateral security since it was not supplied with steel in the AOW. Thus, the above claim based on the premise that the transfer price claim is the purchase price claim for the AON which the defendant supplied to the lux Steel, is without merit without any need to further examine, and even if the above goods price claim can become the secured claim of the right to collateral security of this case, it is not sufficient to acknowledge that there is no other evidence to acknowledge that there is the purchase price claim for the lux Steel which is the secured claim of this case's right to collateral security, and if there is no other evidence to prove that the non-existence of the mortgage claim of this case as the secured claim of this case, the non-existence of the secured claim of this case can also be the ground for nullification.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

arrow