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(영문) 서울고등법원 2015.08.13 2014나2018023
매매대금반환
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, around March 201, lent KRW 300 million to D, but D was not fully repaid, and D filed a complaint on the charge of fraud.

The Plaintiff entered into an agreement with Defendant C, a branch of D and D on January 18, 2012 with respect to the withdrawal of a criminal complaint and agreement with respect to D, with the following contents (hereinafter “instant agreement”) that Defendant C would accord and sell a part of the member-gu E commercial building in Ansan-si (hereinafter “instant commercial building”) in lieu of the Plaintiff’s debt, and the notary public was notarized by the law firm Samwon-won in 2012.

- The instant Convention - A, the President of the Company F Machinery to be purchased from A&S after the transfer of ownership, and D, the debtor of B, who is the debtor of B, shall be hereinafter referred to as “A”).

1. Purpose: A shall have a claim of KRW 300 million against C, and C shall consult on the repayment of the debt to B with respect to E building for the purpose of recovering this claim and request the payment by subrogation of B’s obligation; therefore, C shall have an agreement prepared for the purpose of paying by subrogation for C’s obligation.

2. Obligations of Party A, Party B, and Party C: Where the ownership is transferred, Party B shall implement the request of Party B;

B’s duty: Documents necessary for transfer of ownership, and acquisition tax and value-added tax shall be collected from an attorney-at-law designated by A or a certified judicial scrivener.

In addition, the cost of transfer of ownership shall be borne.

Byung's obligations: He shall submit A's written agreement with C.

Gap, Eul, and Byung shall cooperate with the Bank in cooperation with them in relation to the target real estate.

3. Effects: The effects of this Act shall enter into force upon the transfer of the ownership of the following real estate to AWS:

4.The Convention;

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