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(영문) 서울고등법원 2014.12.04 2013나77067
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Lease contract between the Plaintiff and D, and change in the ownership of the instant building 1) The Plaintiff, from 200 early early 200 Police Officer D, 35 Dong 302, 302 (hereinafter “instant building”).

(2) The lease deposit was leased in KRW 200,000,000, and the deposit was paid to D and resided in the building of this case. The lease deposit was reduced to KRW 190,000,000 on October 10, 203. 2) Since the above lease term expired, D demanded D to return the deposit. As D demanded D to return the deposit, D to the Plaintiff, it was the Plaintiff to accept the loan obligation against its own bank and receive the ownership of the building of this case.

Accordingly, on July 7, 2005, the Plaintiff purchased the instant building in the name of C, one’s own partner, and KRW 200,000,000,000, out of the above purchase price, the buyer acquired D’s loan obligations to D bank, and the remainder of KRW 175,00,000,000 shall be appropriated from the existing lease deposit to D to be returned to D, in lieu of each payment, and the remainder of KRW 15,00,000 (190,000 - 175,000,000,000) out of the existing lease deposit (hereinafter “the instant purchase contract”).

Accordingly, on July 7, 2005, the registration of ownership transfer for the building of this case has been completed in the future.

3) Thereafter, the Plaintiff is a Korean SPS Bank Co., Ltd. (hereinafter “Seoul Bank”).

(B) The loan of KRW 240,000 from the Plaintiff was completed on September 27, 2005 on the instant building on the following grounds: (a) on September 27, 2005, the debtor was the Plaintiff; (b) on the instant building, the loan was repaid to the Plaintiff; and (c) on the first bank, the loan interest was paid to the Plaintiff. (b) On the other hand, D on the instant building on the grounds of the cancellation of the instant sales contract against C.

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