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(영문) 서울고등법원 2017.08.18 2016나2052744
가지급금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked and above.

Reasons

In the judgment of this court, the plaintiff filed a claim against the defendant in the first instance for the payment of KRW 20,00,00 in total, KRW 4,101,036 in the past, ② the provisional payment of KRW 33,333,333 in the past, ④ the provisional payment of KRW 398,586,47 in July 24, 2012, ④ the provisional payment of KRW 17,69,010 in the amount of KRW 29,50,50,200 in the amount of KRW 5,488,910 in the aggregate, KRW 451,24,597 in the amount of KRW 30,00 in the amount of the provisional payment of KRW 30,00 in the past, and KRW 739,539,94 in the amount of interest of KRW 75,93 in the aggregate.

The judgment of the court of first instance accepted the above (4), the above (4), the above (4), the above (4,193,666 won, total of 495,438,263 won and damages for delay, and the remainder of the claims were dismissed.

Since only the defendant appeals against the judgment of the court of first instance and appeals against its lost part, the scope of the judgment of this court shall be limited to the above 495,438,263 won, as cited in the judgment of the court of first instance, and damages for delay thereof.

The facts below are, without dispute between the parties, acknowledged by taking account of the overall purport of the arguments in Gap's testimony as follows: Gap's 3, 6 through 8, 10, 12, 14 through 17, 19 through 21, 28 through 33, 35 (including additional numbers; hereinafter the same shall apply) and Eul's 1 through 5, and Eul's testimony as witness I of the first instance trial.

[1] The Defendant, D, G, L, and F were born between J and K

After K died in around 2002, on October 29, 2002, on the land and its ground E-building (hereinafter “instant land and building”) of Gangdong-gu Seoul Metropolitan Government on May 10, 2002, the registration of transfer of shares of 1/3 in each of the defendant, D, and G was completed due to the inheritance due to the consultation and division as of May 10, 2002.

After that, on October 30, 2007 and December 14, 2010, the registration of the creation of the right to collateral security was completed as follows with respect to the land and buildings in this case as of December 30, 207.

G Shares were made up of the maximum debt amount of KRW 516,578,190, the debtor G, and the National Agricultural Cooperative Federation of the NAFFC (hereinafter referred to as the "Agricultural Cooperative Federation"), which was completed on October 30, 2007 by Gangwon-dong District Court No. 50687, Oct. 30, 2007.

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