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(영문) 서울고등법원 2015.10.23 2015나6731
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

2. The Plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The contract for subscription supply between the Defendant and C was concluded 1) C Co., Ltd. (hereinafter “Co. D”) and the changed name on July 13, 2007.

“C” without distinguishing before and after the change of the trade name;

(2) On May 6, 2005, the Defendant entered into an offer supply contract (hereinafter referred to as “instant contract”) with respect to the supply price (sale price) for the first floor shopping mall 34.92 square meters (see, e.g., “permitted drawings SHP-4” in the contract; hereinafter referred to as “instant shopping mall”) within F in the name of Dong Government-si, E, and G is the operator of F-related business, which is the tourist accommodation facility of E, and G is the Defendant’s wife. (2) The Defendant entered into a contract with C (representative) for the supply price (hereinafter referred to as “instant contract”).

Of the instant contracts, the part relating to the instant case is as follows.

Article 3 Preferred to the Contract shall have priority to enter into a contract for the above number of houses and recommended types of business (ASP) at the time of the sale of the principal contract.

Article 4 (2) The area to be entered into at the time of the contract shall be increased or decreased by the unit price applied at the time of contract according to the increased or decreased area if there is an inevitable change in design, increase in the shared area, etc., but the increased or decreased area shall not exceed 10% of the unit price, and if it exceeds 10%, it shall be determined by the defendant that the contract is implemented.

Article 9 (3) Matters not specified in this Agreement shall be determined by consultation between C and the defendant, and matters not agreed upon shall be in accordance with relevant Acts and subordinate statutes and general practices.

Article 10 (Provisions of the Special Agreement) (1) The amount of this sale shall be applied as in accordance with a change in the fixed sale price at the beginning of the sale in future C.

(2) The amount of subscription shall be paid to the defendant 20% (70 million won) profit of C at the time of sale in this sale.

(5) The sale in units shall be executed within July 11, 2005.

3 The defendant paid a total of KRW 350 million to C on May 5, 2005 and the following day.

(b).

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