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(영문) 서울고등법원 2018.07.12 2018나2013392
약정금
Text

1. The plaintiff's appeal is dismissed.

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

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 instant case, is the same as the reasoning of the judgment of the court of first instance, except for the following changes, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act.

(The grounds alleged by the Plaintiff in the trial while filing an appeal are different depending on the contents alleged in the first instance court. However, even if considering the additional evidence submitted by the Plaintiff in this court, it is not deemed different from the fact-finding and judgment of the first instance court. From the second instance court, the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second to the

“A. The land of this case” (hereinafter referred to as “each land of this case”) on May 15, 2009, the land of 4,790 square meters and 4 lots, each of which is owned by C and D, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

2) As to the registration of the establishment of a mortgage in F, the debtor F, G with the maximum debt amount of KRW 1 billion, and the debtor F with the maximum debt amount of KRW 500 million, the registration of the establishment of a mortgage in F with the mortgagee as the plaintiff, and the maximum debt amount of KRW 500 million, respectively (hereinafter the aforementioned registration of the establishment of a mortgage in each of the

2) According to the reasoning of the judgment of the court of first instance, No. 9 is amended as follows.

“B. Each of the instant mortgages was cancelled on February 1, 2012 due to termination.”

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance with the same conclusion is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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