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(영문) 서울고등법원 2017.05.24 2016나2054931
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendants acquired the Defendants’ ownership 1) The Defendants are married couple, and Defendant C is the E site and the cross-ground housing at the time of Pakistan on June 18, 2008 (hereinafter “sub-owned real estate”).

As to June 16, 2008, the registration of ownership transfer was completed on the ground of sale on June 16, 2008. Defendant B made the registration of ownership transfer on December 27, 2013, Seongbuk-gu Seoul Metropolitan Government D Site and five-story neighborhood living facilities on the ground (hereinafter “D real estate”).

On December 26, 2013, Defendant B completed the registration of ownership transfer on the ground of sale on December 26, 2013. (2) Defendant B, upon purchasing D real estate from K on December 26, 2013, agreed to succeed to the obligation to return KRW 868 million total of D real estate lessees’ lease deposits, including L’s KRW 50 million.

B. On August 26, 2014, the Plaintiff entered into a sales contract with the Defendants on August 26, 2014 (hereinafter “instant sales contract”) with the Plaintiff to purchase D real estate owned by Defendant B and real estate owned by Defendant C (hereinafter “instant sales contract”).

(2) At the time of the instant sales contract, the registration of creation of a neighboring mortgage amount of KRW 120 million in the name of the original agricultural cooperative (hereinafter “the creation date”), and the registration of creation of a neighboring mortgage amount of KRW 600 million in the name of the relevant agricultural cooperative (hereinafter “Nondo Mutual Savings Bank”) was completed for D real estate and the real estate owned by Pando Mutual Savings Bank (hereinafter “Nondo Mutual Savings Bank”), respectively, with the maximum debt amount of KRW 100 million in the name of the relevant agricultural cooperative.

And D Real estate was leased to a large number of lessees, and the compulsory auction procedure was in progress upon application of lesseeF.

3) According to the instant sales contract, the Defendants, the seller, paid the Plaintiff the down payment of KRW 10 million, which is the buyer, and the remainder (e.g., September 15, 2014) is replaced by the Plaintiff’s succession to the liability of KRW 500 million totaling financial obligations and KRW 868 million totaling the lease deposit. The Defendants paid the Plaintiff subsidies of KRW 60 million totaling KRW 60 million (including the contract deposit) and transfer of ownership.

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