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(영문) 서울고등법원 2016.01.14 2015나18093

약정금반환

Text

1. The plaintiff's appeal is all 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 cited this case is the same as the reasoning of the judgment of the court of first instance, except for a change as prescribed in paragraph (2) or an additional determination as prescribed in paragraph (3). Therefore, it is acceptable in accordance with the main sentence of Article 4

2. On the third and fourth pages of the judgment of the first instance, the following shall be added to the amended portion.

(3) 【A” means the transfer or delegation of all rights to “A” soldiers “as to the claim 260,00,000 won, which was secured by the said property 1,2,34,6 units of construction and bank loans, and which are registered or set up as the owner. In addition, as to the claim 260,00,000 won, which was set up by the said property 1,20,000 units of construction and loan to “B” of the first instance judgment, “B” is changed to “Defendant B.”

On the third side of the judgment of the first instance, the following matters shall be added to the 17th sentence:

E. According to the agreement between the Plaintiff, Defendant C, creditors, and resident representative M, Defendant C, the representative H, creditors L, and resident representative M reached an agreement with the following contents on June 2004 upon the agreement of this case. The construction of the Defendants, H, and the continental industry appears to be a clerical error on April 17, 2002 (the date of September 24, 2012).

Pursuant to the instant agreement, Defendant C is responsible for various issues, such as multi-household 1, 2, 3, 4, and 6 of the instant multi-household housing registered as the owner of the building or established the right to collateral security, and the transfer or delegation of all rights to H is implemented.

In particular, 260,00,000 won of the right to collateral security established in 1 and 2 shall be preferentially implemented to H with the matters specified as transfer or delegation.

2. With respect to the repayment of KRW 800,00,000 in the instant agreement from Article 3(1) to Article 3(1), H shall repay to Defendant C the KRW 400,000,000 per one-lane at the time of the instant multi-household loan of KRW 5,6,70,000, and the completion of the instant multi-household loan of KRW 1,2,3,400,000.