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(영문) 광주고등법원 2020.06.17 2019나23670

손해배상(기) 등

Text

1. The part of the judgment of the court of first instance regarding the claim for money is revoked, and the revocation part is revoked by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant, along with J, constructed five-story (hereinafter “instant loan”) composed of the sections of six households, such as each building indicated in the “List of Real Estate” in the attached Form 280 square meters in Do-gun, Do-gun (hereinafter “instant land”), and registered the ownership of the instant loan loan.

The plaintiff and the selected parties are those who have completed the registration of ownership transfer of some loans.

B. On October 30, 2013, the Defendant commenced the instant loan construction with various permission and approval related to construction as the owner of the instant loan, and completed the registration of initial ownership on March 27, 2014, after obtaining approval for use from the competent authority around March 3, 2014.

C. On May 8, 2014, J entered into a sales contract in the name of the Defendant (hereinafter “each of the instant sales contracts”) with the Plaintiff, the creditor of J, under the Defendant’s cooperation, with the content of selling the real estate listed in Paragraph (1) of the Attached List of Real Estate (hereinafter “instant lending”) as indicated in Paragraph (2) of the Attached List of Real Estate (hereinafter “instant lending”) to the Plaintiff, the said creditor, a fraudulent person, each of the instant lending units, each of the instant lending units, in the name of the Defendant (hereinafter “each of the instant lending units”). The main contents are as follows.

The remainder of a sales contract (A No. 11-2) purchase price between the Plaintiff and the Defendant: 195 million won: the remainder of 89.2 million won (payment at the time of the contract) with the Defendant: 15.8 million won (payment at May 7, 2014): The down payment shall be substituted by the loan.

A sales contract (No. 11-1) between the buyer and the defendant: 192 million won down payment: The remainder of KRW 86.2 million (payment at the time of the contract) for the sales contract between the buyer and the defendant: The down payment shall be substituted by the loan.

Based on each of the instant sales contracts, on May 19, 2014, as to the instant lending G and H.