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(영문) 서울고등법원 2018.07.18 2016나2060691
임대차보증금
Text

1. Of the part against Defendant C in the judgment of the court of first instance, the part against the Plaintiffs who fall under any of the following subparagraphs:

Reasons

1. Basic facts

A. The Defendant C lent approximately KRW 100 million to E (tentative name L) around 2012. (2) On March 27, 2013, Defendant C completed the registration of ownership transfer on the land set forth in Defendant C’s name on March 11, 2013. On the same day, Defendant C as Defendant C as the debtor and the said loan was used as part of the purchase price of the said land at KRW 4150 million.

B. 1) Defendant C’s account under its name (hereinafter “instant new cooperative account”)

) The head of the Tong, debit card, and usage route of the Tong-si shall be entrusted to E. E. The above land is multi-household housing (G; hereinafter “instant building”) with construction permission granted in the name of the Defendant C.

2) On September 30, 2013, the registration of preservation of ownership was completed under Defendant C’s name on September 30, 2013 after the construction of the instant building was completed by 8 households (No. 201, 202, 301, 302, 401, 402, 501, and 502) around September 2013, the costs necessary for the construction of the instant building, such as construction cost and personnel expenses, was paid through the instant credit cooperative account in the name of Defendant C while taking charge of the new construction of the instant building. On the same day, each of the instant units of the instant building as collateral of the instant building, Defendant C was financed by KRW 88,624,00,000 from the Saemaul Bank of Korea as the debtor and repaid all loans to the instant credit cooperative amounting to KRW 420,838,692.

Defendant C shall also have the jurisdiction over the passbook, direct payment card, and usage map of the account of the new and new Saemaul Savings Depository (hereinafter referred to as the “instant community credit savings bank account”) in his own name, and in his own name, E.

C. 1) E was delegated by Defendant C to sell and purchase the instant building and operated a sales office in the vicinity of the instant building with the authority to sell and sell the instant building. 2) E was selling or leasing part of the instant building on behalf of Defendant C as follows.

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