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(영문) 부산고등법원 2017.08.17 2016나2109
정산금
Text

1. Of the judgment of the court of first instance, KRW 21,00,000 against the Plaintiff as to the Defendant and its related thereto, from May 25, 2015 to August 17, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s land status 1) around March 2013, 2013: (a) the Plaintiff, under his/her own name, indicated the name of the Plaintiff as “Dup-gun, Busan Metropolitan City” (hereinafter “instant land 1”); and (b) the name of the administrative district indicated as “Dup-gun, Busan Metropolitan City” is omitted.

(2) 526 square meters prior to F in the name of E (hereinafter “instant land 2”).

(3) The forest and G 529m2 (hereinafter “instant third land”) shall be the same as “land.”

2) Each of the instant land owned (hereinafter collectively referred to as “each of the instant land”).

(2) On June 1, 2010, the Plaintiff created, respectively, superficies on the land, etc. of the instant case, with the right to collateral security and the right to collateral security and the right to collateral security and the right to collateral security and the right to collateral security (hereinafter referred to as the “right to collateral security”) with the right to collateral security and the right to collateral security (hereinafter referred to as the “right to collateral security”) with the right to collateral security and the right to collateral security (hereinafter referred to as the “right to collateral security”) in order to secure the loan obligations against the luminous Credit Cooperatives, Inc. (hereinafter “BB”) by

Then, the Plaintiff created each additional collateral on the said land with the maximum debt amount of KRW 195 million, the debtor and mortgagee of the right to collateral security, the same amount of KRW 185 million, and the debtor and mortgagee of the right to collateral security, the same amount of KRW 185 million on August 2, 2010, and the same amount of additional collateral security on November 30, 201.

(hereinafter referred to as the “instant right to collateral security, etc.”) by combining each of the foregoing right to collateral security and superficies.

On March 5, 2013, the Plaintiff and the Defendant entered into a real estate consultant business contract with the Defendant, who mutually provided real estate consulting services, to enter into a real estate consultant business contract (A evidence 2; hereinafter “instant business contract”) on the land of this case, and the main contents thereof are as follows.

Article 1 (Details of Entrusted Services)

1. The details of duties entrusted by the Plaintiff to H (the Defendant’s horse) shall be determined as follows:

(1) The purchase and sale of the instant land No. 1 (the sale and purchase before April 30, 200 won per square day) H consulting cost of KRW 50,000 won per square day for the Plaintiff’s profit = 50,000 won per square day for the Plaintiff’s profit.

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