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(영문) 부산지방법원 2018.11.30 2018나49758

물물교환잔대금

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1. Of the judgment of the court of first instance, the defendant who ordered payment in excess of the amount ordered under the following paragraph (2).

Reasons

1. Basic facts

A. On June 12, 2015, the Plaintiffs and the Defendant concluded an exchange agreement with each other to assess the second floor of the D Building in Busan, Daegu, as KRW 202,00,000,000, and assess E, F, G, H, I, J, K, L, M, N, P, P, and Q Q (hereinafter “populated land”) as KRW 1.8 billion in the land owned by the Defendant (hereinafter “instant exchange agreement”), and to exchange the said amount with each other on the land owned by the Plaintiffs (hereinafter “the maximum debt amount of the 2.5 billion, 00,000,000,0000,000,000 won and 2.5 billion,000,0000,000,000,000 won and 1.2 billion,000,000,000,000 won and 2,000,000,000 won, respectively, of the maximum debt amount of each of the above mortgage.

B. The Defendant completed the registration of transfer of ownership on October 30, 2015 with respect to shipping shopping districts on September 7, 2015, and the Plaintiffs completed the registration of transfer of ownership with respect to the classified land on June 19, 2015, respectively. < Amended by Presidential Decree No. 26357, Jun. 25, 2015>

C. The Defendant did not perform the duty to register the cancellation of the registration of the establishment of the establishment of the instant neighboring land, which was established in accordance with the terms and conditions of the instant exchange agreement, and the Plaintiff acquired the secured obligation of the instant collateral security on August 18, 2015 and October 2, 2015, and the debtor.