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(영문) 서울고등법원 2016.07.07 2015나30123
소유권이전등기등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the order of implementation under paragraph 2 shall be revoked.

2...

Reasons

1. Basic facts

A. Exchange contract 112 and 113 between the Defendant and C is 1) The Defendant: (a) around January 25, 2013, between the Defendant and C; (b) around January 25, 2013, between the Defendant and C, and (c) Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant owned, and (d) 112, Seo-dong

(A) the real estate listed in the separate sheet and the real estate listed in the separate sheet (hereinafter referred to as “13”).

B) land of Pyeongtaek-si F (hereinafter referred to as “ Pyeongtaek-si land”);

(C) In exchange with the Defendant, C entered into a contract with the Defendant to pay KRW 150 million as an exchange supplement (hereinafter “instant Defendant-C contract”).

2) The Defendant-C contract of this case contains the following: (a) the Defendant’s loan of KRW 340 million, each of which the Defendant borrowed 112 and 113 as collateral; and (b) the obligation to refund the lease deposit of KRW 50 million, respectively, as to the above 112 and 113; and (c) assessed the above land of KRW 90,000,000,000,000, and the Defendant selected one of the transfer of the ownership of the above land or the receipt of KRW 90,00,000,000,000 from October 2013.

B. C is the Defendant’s representative on January 28, 2013, around January 2013, 2013, and the Plaintiff and the Plaintiff as the Plaintiff’s representative, and the Gangwon-do Seocheon-gun G and H land (hereinafter collectively referred to as “ Gangwon-do land”).

) A contract to exchange was concluded (hereinafter “instant exchange contract”).

2) The instant exchange contract contains the following: (a) the Defendant’s loan of KRW 340 million as security; and (b) the obligation to return the lease deposit of KRW 50 million as to KRW 113 as to the above 113; and (c) the Defendant’s loan of KRW 50 million as security; and (d) the Plaintiff shall cooperate with the Plaintiff if the Defendant wishes to obtain a loan of Gangwon-do land as security

3) At the time of the instant exchange contract, the Defendant’s certificate of personal seal impression issued by C to the Plaintiff (No. 1-3 of the evidence A) stated “E 112 and 113 for the purpose of use” in the column for use.

C. C, such as the drawing up of the instant confirmation document with respect to subparagraph 113, is the Defendant’s representative around March 25, 2013.

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