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(영문) 서울고등법원 2018.04.04 2016나2073055

매매대금

Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. Paragraph 1 of the Attached List between B and Defendant C.

Reasons

1. Basic facts

A. 1) The Plaintiff between the Plaintiff and B around August 2005, between B and B, and the Seoul Gangnam-gu G Apartment No. 600 (hereinafter “instant apartment”) owned by B in the name of BF.

(2) The Plaintiff concluded a contract to purchase KRW 1.2 billion in the purchase price, with a view to accepting the H’s loan obligation of KRW 780 million in the maximum debt amount set forth in the apartment of this case, and paid KRW 50 million in the aggregate to B until January 13, 2006 and KRW 520 million in the remainder of the purchase price, by paying KRW 520 million in the purchase price.

3) From June 2, 2006 to February 1, 201, the Plaintiff paid KRW 222,404,057 as interest on H’s loan obligation. From September 2, 2006 to September 2, 201, the Plaintiff paid KRW 22,084,570 in total property tax on the instant apartment from September 2, 2006 to September 201, and KRW 4,603,250 in global income tax in 209.B’s creation and auction procedure of the instant apartment, and related judgment 1) B in order to secure the Plaintiff’s loan obligation against H with respect to the instant apartment, the Plaintiff set KRW 600,000 in total as to the instant maximum debt amount.

2) After that, in the case of J real estate auction established on March 9, 2012 by the execution of I’s right to collateral security, H completed the registration of ownership transfer on the apartment of this case on the same day as the ground of the sale by voluntary auction on April 3, 2014. 3) B was sentenced to three years and six months in imprisonment with prison labor for the following reasons: (a) on October 30, 2012, Seoul Central District Court Decision 2012No. 2296, Seoul Central District Court Decision 2012No. 2016, Jan. 30, 2012, by creating a collateral security to I; and (b) by obtaining property benefits equivalent to KRW 750 million equivalent to the value of collateral and causing property damage to the victim, the crime of breach of trust was committed against the victim.