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(영문) 대전고등법원 2016.12.01 2016나11361
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The grounds for admitting the judgment of the court of first instance as to this case are as follows, except for the parts to be changed or added in paragraph (2) below, i.e., the statement from 1 to 3. (2 lines from 18 to 6 pages) among the grounds for the judgment of the court of first instance (the part from 3 pages to 2 lines from 6 pages). Thus, the pertinent statement shall be quoted in accordance

2. Parts to be altered or added;

A. On October 21, 2008, the Daejeon District Court 2008Gahap10710 decided Oct. 21, 2008, the Plaintiff Company filed a lawsuit seeking revocation of fraudulent act against the beneficiary who entered into a sales contract on the Daejeon-gu G land and its ground buildings, mortgage contract, lease on a deposit basis, etc. between the Defendant C, etc. and the subsequent purchaser on the ground that the claim for monetary payment based on the instant contract against the Defendant C and F was a preserved bond.

A person shall be appointed.

B. The fourth higher order of the first instance judgment is replaced by [the table] below.

[Voting Provisions]

1. The conciliation intervenors jointly and severally paid to the Plaintiff Company KRW 100 million on July 7, 2009, and the Plaintiff Company received it.

2. The Intervenor C shall carry out the procedure for the registration of transfer of ownership at the cost of the claim for transfer of ownership, which was made on August 13, 2007, No. 45048, in relation to subparagraph 214 of I second floor in Pyeongtaek-si H, Pyeongtaek in the Plaintiff Company, and shall cooperate in the principal registration procedure based on the above provisional registration in good faith.

Expenses for cancellation of senior rights (registration No. 2 provisional seizure and seizure No. 3) required for the principal registration of ownership transfer based on the above provisional registration, acquisition tax, etc. shall be borne by the plaintiff company.

3. The Plaintiff Company withdraws an application for a compulsory auction of each real estate case at Daegu District Court J and Daejeon District Court K, and waives compulsory execution based on a notarial deed No. 2006 and No. 3228 of the notary office.

4. The Plaintiff Company waives all the remaining claims against the Intervenor except paragraphs 1 and 2.

5. The plaintiff company.

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