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(영문) 서울고등법원 2015.08.21 2014나2048512

대여금

Text

1. Of the judgment of the first instance court, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. The reasons why this Court uses this part of the underlying facts are the same as the corresponding part of the judgment of the court of first instance, except for the addition or dismissal of the corresponding parts as follows. As such, this Court cites it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The fourth sentence of the first instance court's decision " September 15, 2009" shall be read as " September 11, 2009".

(b)in the fourth decision of the first instance, the following shall be added to the following:

G. On November 22, 2011, the Defendant filed a lawsuit against J as to the instant land by Seoul Western District Court Decision 2011Da74089, the Defendant: (a) the implementation of the procedure for registration of cancellation of ownership transfer registration in its name; (b) the implementation of the procedure for registration of ownership transfer against E; and (c) the declaration of consent against the mortgagee on the registration of cancellation of ownership transfer registration; and (d) the lower court rendered a favorable judgment on December 18, 2012 (the mortgagee K selected as the mortgagee).

(A) On November 4, 2014, E and collateral security holders (excluding K) filed an appeal with the above court No. 2013Na2065, but all of the appeals were dismissed on July 4, 2013, and the above judgment became final and conclusive at that time. Around November 18, 2014, upon the above final and conclusive judgment, the registration of transfer of ownership in the name of the Defendant based on the instant sales contract was revoked, and at the same time the registration of transfer of ownership in the name of the J was completed, and all the registration of establishment in the neighboring area established by J was revoked. On November 4, 2014, the Defendant sold the said land to L on November 4, 2014, and completed the registration of transfer of ownership in L name on November 18, 2014.

(c) in the fourth sentence of the first instance judgment, the phrase “11” in the second sentence shall be read as “11, 13 evidence”;

2. The gist of the plaintiffs' assertion D is to pay the defendant a total of KRW 110 million (= KRW 30 million) and damages for delay as follows. The plaintiffs acquired the above claims from D in duplicate by 1/2.