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(영문) 서울고등법원 2016.10.06 2015나2065200
수목매매계약서무효확인 등
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. Basic facts

A. 1) On December 31, 2009, Plaintiff A prepared a wooden sales contract with the Defendant to sell the trees on each ground listed in the separate sheet No. 1 to the Defendant at KRW 100 million. 2) On December 31, 2009, Plaintiff A prepared a wooden sales contract with the Defendant to sell the trees on each ground listed in the separate sheet No. 2 (hereinafter referred to as “the instant trees” in combination with the trees on each ground listed in the separate sheet No. 2 (hereinafter referred to as “the instant trees”) to the Defendant for KRW 200 million.

B. The registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a neighboring mortgage”) was completed with respect to the building listed in the [Attachment 3] List owned by Plaintiff A (hereinafter “the instant building”) on February 19, 2010, based on the maximum debt amount of KRW 100 million, the mortgagee of the right to collateral security, the Defendant of the Plaintiff, and the Plaintiff’s resource, based on the mortgage contract (hereinafter “instant mortgage contract”) as of February 19, 2010, which was received on February 19, 2010.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including the number of each branch, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Plaintiffs, in form, prepared each of the instant trees sales contracts and mortgage contract with the Defendant to avoid the creditor’s compulsory execution, and completed the establishment registration of the instant neighboring buildings owned by the Plaintiff Resources, and thus, each of the instant trees sales contracts concluded between the Plaintiffs and the Defendant is null and void, and the Defendant is obligated to implement the registration procedure for cancellation of the establishment registration of the instant neighboring trees to the Plaintiff Resources A.

(b).

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