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(영문) 서울고등법원 2015.08.13 2014나53815
손해배상(기)
Text

1. It is limited to the plaintiffs in the judgment of the first instance, including the plaintiffs' claims that were selectively added in the trial.

Reasons

1. The court of first instance dismissed the plaintiffs' claims, and accepted the claims of joint plaintiffs B of the first instance court, and only the plaintiffs appealed against them, the subject of the judgment of this court is limited to the part against the plaintiffs of the judgment of the first instance (However, as seen earlier, the plaintiffs were selected from the court of first instance on the basis of the obligee's subrogation right, the claim based on the overlapping assumption of obligation, and the claim for the amount of takeover). 2. Basic facts on February

A. The Defendant, on January 29, 201, sold and leased in relation to the F apartment (F apartment) from E on January 29, 201, (F apartment) No. 507, 1602 (hereinafter “F apartment”).

(2) On May 20, 201, the Plaintiff purchased the F apartment from G to July 8, 201, according to the title trust agreement with G, and completed the registration of ownership transfer with respect to F apartment in the future. (2) On May 20, 201, Plaintiff A entered into a lease agreement (hereinafter referred to as “F apartment lease agreement”) under which the F apartment is leased from G during the term of KRW 100 million and the term of lease from July 9, 201 to July 8, 2013 (hereinafter referred to as “F apartment lease agreement”).

3) On December 17, 2012, Plaintiff A purchased F apartment amounting to KRW 320 million from G. At that time, Plaintiff A subrogated to the obligation of loans to G Industrial Bank of Korea, which was the secured obligation of the establishment registration of a neighboring mortgage in the Industrial Bank of Korea, which was completed in the future of the Industrial Bank of Korea regarding F apartment, with respect to G, and agreed to deduct Plaintiff A from the purchase price the expenses incurred in acquiring F apartment and the said subrogated repayment from the purchase price, and refund the remaining lease deposit after deducting the remainder of the purchase price from the existing lease deposit. 4) In accordance with the above agreement, Plaintiff A subrogated to the Bank of Korea’s loan obligation of G to the Industrial Bank of Korea amounting to KRW 297,471,411, and charged KRW 1,479,00 with the repayment fee prior to the due date.

In addition, the plaintiff A acquires a F apartment and 5,740,000 won as acquisition tax, etc.

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