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(영문) 서울고등법원 2018.08.17 2017나2057791

청산금 청구 등의 소

Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff’s claim for the purchase price and damages added at the trial.

Reasons

1. The following facts are not disputed between the parties, or are recognized by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 5 and 13 (including each number; hereinafter the same shall apply):

[1] The plaintiff is a F's hsheshesheshesheshes of D's punishment.

On February 27, 2013, the Plaintiff received a loan certificate (Evidence 2) from D to the effect that D determined “principal: 6% per annum, and 200,000,000 won for maturity: August 31, 2013; and the remainder of 50,000,000 won until February 28, 2014.”

F owned 6/17/17 of the Jongno-gu Seoul Metropolitan Government (hereinafter “instant land”) and completed the registration of ownership transfer on April 1, 2013 to D on February 27, 2013.

Accordingly, D owned the land of this case and its ground cement brick structure, and the two-story neighborhood living facilities (main debt) without permission, and one cement structure and one-story neighborhood living facilities (vegetable) without permission.

D on April 1, 2013, with respect to the instant land, KRW 800,000,000 for the maximum debt amount and KRW 40,000 for the Plaintiff, and the debtor D’s establishment registration of mortgage was completed.

(2) On September 30, 2013, D completed the registration of ownership transfer on the ground of a legal reserve return to E with respect to one-seven portion of the instant land, which was established by the said registration, on the ground that the registration of ownership transfer was completed on September 30, 2013.

The defendant was an attorney-at-law who has defenseed D in the case related to lease fraud against G.

D was detained on September 18, 2015 due to the suspicion of fraud against G, and entered into a sales contract for the instant land and buildings on November 26, 2015 in order to raise funds for agreement with G during the appellate trial.

(2) Between D and D on November 30, 2015, the Plaintiff revoked the registration of the establishment of the instant root and the Plaintiff, Myeonk-si, the Plaintiff, as the Plaintiff revoked the registration of the establishment of the instant root, Myeonk-si, the Plaintiff 411,00.