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(영문) 서울고등법원 2016.12.09 2016나2020877
공제금지급
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid next shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. In order to guarantee liability for damages to delegated persons of affiliated certified judicial scrivener, the defendant is implementing a compensation mutual aid project pursuant to Article 67 of the Certified Judicial Scriveners Act, and E is a member of the Compensation Mutual Aid Association operated by the defendant as a certified judicial scrivener

B. B and C concluded a contract title trust agreement with intent to purchase in the name of Pyeongtaek-si D and 520 square meters (hereinafter “instant land”) owned by the Plaintiff, and granted the right to representation regarding the conclusion of the contract to E.

C. On September 2012, E representing the Plaintiff and C: (a) sold the instant land to C in KRW 200,000,000; (b) concluded a sales contract with the effect that C succeeds to the secured debt of KRW 242,00,000, the maximum debt amount set forth by C in the instant land; (c) the debtor, the mortgagee, the mortgagee of the right to collateral security (hereinafter “Asan Livestock Cooperative”); and (d) the secured debt of KRW 186,00,000,00 for the secured debt of KRW 20,000,00 for the payment of the purchase price.

(hereinafter “instant sales contract”). D.

On September 3, 2012, in lieu of preparing a sales contract on the instant sales contract, the Plaintiff and E representing the Plaintiff and C exchanged five golf membership in cooperatives, which are financial institutions owned by the instant land and C. However, in relation to taxes, public charges, and other charges on the instant land, the exchange contract was prepared with the content that the Plaintiff would bear for the year prior to the transfer of ownership.

(hereinafter “instant exchange contract”). E.

Plaintiff

B. On September 6, 2012, the Plaintiff and C applied for the registration of ownership transfer of the instant land in the name of C based on the instant sales contract, and the registration of ownership transfer of the instant land was completed in the name of C on the same day.

hereinafter referred to as "the case."

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