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(영문) 서울고등법원 2017.06.23 2015나2060656

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On July 6, 2003, the Defendant purchased each real estate listed in the separate sheet No. 2 from AB and AC for KRW 260 million, and completed the registration of ownership transfer as to each real estate listed in the separate sheet No. 1, 3, and 8 on August 7, 2003.

B. On August 6, 2003, the Plaintiff and the Defendant concluded a monetary loan agreement with the following contents.

On August 7, 2003, the Defendant completed the registration of creation of a mortgage near the amount of debt KRW 910 million with respect to each real estate listed in the No. 1, 3, or 8 of the attached Table 2 list to the Plaintiff in order to secure the obligation for a loan under the said monetary loan contract.

1. The plaintiff lent the amount of KRW 700 million to the defendant on August 7, 2003, and the defendant borrowed it.

Provided, That the registration of establishment of the right to collateral security is completed and lent simultaneously.

2. The interest rate on the loans under the preceding paragraph shall be fixed by three copies per month; and

3. The loan period for the loan under the preceding paragraph shall be set on January 2, 2004, and if the defendant is unable to repay the principal and interest to the plaintiff within the same period, an objection is not raised even if the plaintiff voluntarily executes the registration of ownership transfer in accordance with the sales contract for each real estate listed in the attached Table 2 provided to the plaintiff.

4. In order to secure the claim against the Plaintiff, the Defendant shall provide the Plaintiff with the right to collateral security with the maximum debt amount of KRW 910 million, which is the amount equivalent to 130% of the above loan.

C. On August 7, 2003, the Plaintiff and the Defendant concluded a real estate sales contract with the Defendant to purchase each real estate listed in the separate sheet No. 2 attached hereto in KRW 900 million. The main contents are as follows.

(hereinafter “the sale of this case”). In the sale of the above real estate under Article 2, the buyer pays the purchase price as follows:

-the down payment of KRW 100 million shall be paid at the time of contract and - the first intermediate payment of KRW 600 million shall be paid on August 7, 2003, - the second intermediate payment of KRW 100 million shall be paid on September 29, 2003, and the remainder of KRW 100 million shall be paid on September 6, 2004.