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(영문) 서울고등법원 2016.09.06 2015나2067886
전부금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The underlying facts were based on the registration of ownership transfer and registration of ownership preservation was completed in the name D, which is the attached to C, for the building E, and one parcel and its ground (hereinafter “instant funeral hall”). However, the ownership was transferred on July 16, 2012 after being sold to a comprehensive mutual aid company (hereinafter “the comprehensive aid”) that was gathered in the voluntary auction procedure that started to be Young-dong branch branch of the Chungcheong District Court.

On March 20, 2013, the Defendant entered into a sales contract to purchase the funeral hall of this case and its site for KRW 1.8 billion, and received ownership transfer from the London Comprehensive Group on March 27, 2013. Around that time, the Defendant agreed to pay KRW 400 million in cash and KRW 300,000 per month for the next eight years.

(2) On March 29, 2013, the Defendant: (a) paid KRW 688,00,000 to H as the obligee upon C’s request; (b) KRW 300,000 to KRW 300,000; and (c) KRW 2888,000,000 to KRW 30,000 as the obligee; and (d) as the obligee’s agent, the Defendant prepared a notarial deed with a signature and seal affixed thereon for eight years from May 30, 2013 to April 30, 2021; (b) KRW 80,000 to KRW 30,000 per month; and (c) as the agent of H’s notarial deed with a signature and seal affixed thereon, KRW 80,000,000; and (d) as the agent of H’s notarial deed with a signature and seal affixed thereon (hereinafter “instant loan”).

2.3

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