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(영문) 인천지방법원 2018.11.27 2017나70031

양수금등

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On May 2, 2011, the Defendant purchased a large scale of 218 square meters in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and completed the registration of ownership transfer on June 14, 201, and newly constructed D apartment houses of five stories on the ground above (total of eight households; hereinafter “instant building”) and completed the registration of ownership preservation on December 13, 201.

B. On September 201, the Plaintiff entered into a contract with the Defendant to carry out the business of concluding sales contracts, receiving sales proceeds, repayment of loans, etc. (hereinafter “instant sales agency contract”) and sold all eight households of the instant building from December 21, 2011 to June 29, 201, by being delegated by the Defendant to carry out sales agency business for eight households of the instant building (hereinafter “instant sales agency contract”).

C. Of the instant building, the remaining seven generations (Nos. 201, 202, 301, 302, 401, 401, 402, and 502) with the exception of subparagraph 501, the joint collateral security was established on December 14, 201 (the actual maximum debt amount of KRW 845,00,000) (the actual loan principal of KRW 650,000), the debtor, the defendant, the fathercheon Saemaul Depository, the mortgagee of the right to collateral security, and the secured debt was fully repaid from December 21, 201 to December 5, 2012.

1) On January 25, 2012, E provisionally attached some of the instant units of the instant building to the claim amounting to KRW 29,578,810 of the claim amount against the Defendant. On February 8, 2012, the Defendant: (a) granted F the right to collateral security to some of the instant units of the instant building; and (b) granted G the right to collateral security to some of the instant units of the instant building from January 19, 202 to June 7, 2012; (c) the Plaintiff while performing the right to collateral security on June 8, 2012 to E on June 12, 200, and KRW 34,000,000, G to F on June 18, 2012; and (d) obtained the said right to collateral security from G from G to F on June 18, 200, KRW 19,500; and (e) obtained the said right to collateral security from GF on around 3000,0000.

E. From May 2, 2011 to December 5, 2011, the Plaintiff lent money to the Defendant several times.