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(영문) 부산고등법원 2017.11.16 2016나2710
약정금(담보가등기 채무인수금)
Text

1. The plaintiff's appeal and the additional selective claims by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. Nonparty D owned 1,127 square meters (hereinafter “instant land”) in Busan-gun E, Busan-gun. However, the registration of the establishment of a neighboring land with the obligor D, the mortgagee’s central agricultural cooperative, and the maximum debt amount of KRW 520 million was completed on the said land.

On July 3, 2008, the Plaintiff purchased the above land from D, but did not complete the registration of ownership transfer, and completed the provisional registration of ownership transfer claim (hereinafter “provisional registration of this case”) in the name of the Plaintiff on July 3, 2008.

B. On July 19, 2010, the Plaintiff decided to resell the instant land to the Defendant and C, and concluded a sales contract with the Defendant and C.

(hereinafter “instant sales contract”). The Plaintiff prepared the instant sales contract (No. 1-1) between the Defendant and C in the name of D, stating that the seller D, the purchase price of KRW 80 million, and the special terms and conditions “to succeed to KRW 400 million,” and agreed to complete the registration of transfer of ownership by the method of intermediate omission registration.”

C. On July 19, 2010, joint buyers C remitted the purchase price of KRW 400 million to the national bank account under the Plaintiff’s name. The Defendant and C completed the registration of ownership transfer on the instant land as one-half share on July 20, 2010. On the same day, the debtor’s name on the registration of ownership transfer was changed from D to the Defendant.

On March 3, 2014, the Plaintiff cancelled the provisional registration of this case.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 3, part of Gap evidence Nos. 8, the result of the party examination against the defendant of the party, part of the party examination to the plaintiff of the party, the result of the party examination, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is 1.1 billion won for the sales price under the instant sales contract. Since the Defendant and C only paid KRW 800 million among them, they are obligated to pay the remaining amount of KRW 300 million.

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