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Reasons
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(영문) 서울고등법원 2015.08.27 2014나28475
약정금 등
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Facts of recognition;

A. The Parties G died on July 3, 1996, and there was a heir Ha and Ha in South Korea as the heir.

A and the plaintiff are married couple's death.

(hereinafter referred to as “Plaintiff, etc.”). H (hereinafter referred to as “the deceased”) died on December 14, 201.

Defendant C is the deceased’s spouse, and Defendant D, E, and F are the deceased’s children.

B. The ownership of real estate was owned by Yeongdeungpo-gu Seoul Metropolitan Government I and 10 parcels and its ground buildings as follows:

(hereinafter referred to as “the instant real estate” in the table Nos. 1 through 4, and 7 through 13, only the lot number is displayed, and the buildings No. 5 are “ground-story buildings” and “basement buildings” in the table No. 6. In addition, the owners of the real estate shall be collectively referred to as “each of the instant real estate”). The owners of the real estate Serial No. 1/2 of the deceased 1,147㎡ and No. 1/2, A1/22 of the deceased 1/2, A 1/23 Land 1/2, A 1/24 Mand 1/2, Plaintiff 1/2, Plaintiff 1/25 of the deceased 1/25 of the No. 24, Plaintiff 1/25 of the building, Plaintiff 1/2, and Defendant 2, Plaintiff 1/2, and Defendant 2, Defendant 1/2, and Defendant 1/2, Defendant 1/26 of the deceased building No. 798 square meters on the deceased No. 1/298.

C. The Plaintiff, etc. and the deceased, and Defendant F, from October 2004 to October 1, 2004, are U.S. Co., Ltd. (the representative F, hereinafter “U”).

(2) In the name of Yeongdeungpo-gu Seoul Metropolitan Government X rearrangement project (hereinafter “instant rearrangement project”).

The Plaintiff, the Deceased, and Defendant F acquired the shares of the instant rearrangement project to the Food Savings Bank Co., Ltd. for the purpose of raising funds for the instant rearrangement project.

hereinafter referred to as the “Berne Bank”).

There were several loans from each of the instant real estate as collateral.

Plaintiff

In April 2009, the deceased and the defendant F borrowed eight billion won from the Green Bank.

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