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(영문) 대구고등법원 2017.11.30 2017나22477

소유권이전등기

Text

1. Of the judgment of the first instance, the part concerning Defendant E is modified as follows:

Defendant E is from the Plaintiff 136,00.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the parts to be cited or added in paragraphs (2) and (3) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. A part used in a trial;

A. Grounds for the judgment of the court of first instance

3.(a)

2) Article 2(3) of the International Civil Code (Article 2(2) of the International Civil Code, Section 8 of the first instance judgment, Section 14 through Section 20 of the International Civil Code) shall be followed as follows.

As to the real estate owned by Defendant E, the establishment registration of a neighboring mortgage (the mortgagee) with the maximum debt amount of KRW 84,00,000 and the mortgagee as Han Bank Co., Ltd., may be recognized, the maximum debt amount of KRW 84,00,000 should be deducted from the purchase price of the said real estate (as to the real estate indicated in the evidence No. 23, the registration of seizure of KRW 667,080 was cancelled due to the repayment on June 23, 2017.

. . . - .

B. Grounds of the first instance judgment

3.(a)

3) Part 3 (Calculation Part for Defendant E, Nos. 9 through 9) shall be subject to the following order: < Amended by Presidential Decree No. 136,000,000,000 for Defendant E: Presidential Decree No. 220,000 for purchase price (=the maximum debt amount of mortgage No. 220,000,000 for purchase price - the maximum debt amount of mortgage No. 84,00,000),

C. Grounds of the first instance judgment

3.2

The written “Defendant E shall have the obligation to deliver to Defendant E,” and the written “Article 1(1)(2)(2)(2)(2)(2)(3)(2)(2)(3)(2)(3)(2)(3)(2

“Defendant E shall be paid KRW 136,00,000 by the Plaintiff, and at the same time, shall implement the procedures for the registration of ownership transfer for the sale of the real estate listed in the [Attachment List No. 4] on April 16, 2015, and shall deliver the said real estate,”

3. Grounds of the judgment of the court of first instance concerning a part added in the trial

3.(c)

2) The following is added to the maximum debt amount of the right to collateral security established on each real estate owned by Defendant C and E (as of No. 12, No. 13, and No. 14).