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(영문) 부산고등법원 2017.02.02 2016나1656
소유권이전등기말소 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or are recognized by the respective statements in Gap's Evidence Nos. 1 through 8, 13 through 18, 22, 23, 24, and Eul's Evidence Nos. 1 to 9 (including each number), the co-defendant B of the first instance trial, and the purport of the entire arguments and arguments against the co-defendant B and F.

A. On May 23, 2012, the Plaintiff owned 15313 square meters and 268 square meters prior to the JJ (hereinafter “instant land”). On May 23, 2012, the Plaintiff sold the instant land to the Codefendant F of the first instance trial (hereinafter “the name”) and issued documents necessary for the registration of ownership transfer to F on the day when selling the said land in KRW 900 million, and the purchase price was paid by F with a loan as security.

B. F is to obtain a loan with a sales contract in which the amount of the actual purchase price is additionally collected, and F is to use the documents received from the Plaintiff to obtain a loan from the co-defendant B, C, D, and E (hereinafter referred to as “name”) of the first instance court, who is his own person or his/her parent, as the purchaser, and prepares a sales contract with the purchase price of at least 1.3 billion won.

C.F visited the Defendant Union with a buyer’s name, including the above sales contract and all necessary documents for the registration of the transfer of ownership: (a) and (b) visit the Defendant Association with the buyer’s name.

F has requested the Defendant Union to grant a loan of KRW 700 million in the name of B, and, on the premise that ownership transfer registration will be completed in the future of B, C, D, and E, they have caused them to prepare a contract to establish a mortgage-backed claim of KRW 910 million with the maximum debt amount and KRW 910 million with the right to collateral security. D.

F entrusted the above sales contract and mortgage contract to a certified judicial scrivener office for the registration of ownership transfer, and the registration of ownership transfer in the name of B, C, D, and E, and the registration of ownership transfer in the name of B, C, D, and E, and the registration of ownership transfer in the name of the defendant was completed in order of the establishment of a neighboring mortgage

(hereinafter “instant collateral security”). E.

F is granted a loan of KRW 700 million in the name of the Defendant Partnership B.

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