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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
The reasoning of the judgment of the court of first instance is that the reasoning of the judgment of the court of first instance is dismissed as the grounds of the judgment of the court of first instance under Paragraph (1) (the facts deemed to be the basis of the judgment), and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except where the judgment of the defendant newly admitted or emphasized by the court of first instance is added to Paragraph (3) (Additional Judgment).
Basic Facts
A. On July 27, 2015, the Plaintiff: (a) each of the instant real estate from the Defendant [as at the time, ① the maximum amount of claims KRW 7.84 billion; and (b) the right to collateral security C Association (hereinafter “C”).
(2) The maximum amount of claims KRW 1.955 billion and the right to collateral security (hereinafter “instant right to collateral security”) of a corporation with a collective security (hereinafter “instant right to collateral security”)
) The Defendant purchased 7.9 billion won (hereinafter referred to as the “instant sales contract”) and paid the Defendant the down payment of KRW 690 million and the intermediate payment of KRW 5.71 billion on the same day.
(B) The amount of Daehan was paid by the Plaintiff in the manner of repaying the above collateral obligation against C.
G, a collection company of the Defendant, entered into the instant sales contract on behalf of the Defendant, and at the time G had the power of delegation (hereinafter referred to as “the power of delegation”) stating that “The Defendant shall delegate all acts arising from the disposition of sale, such as the conclusion of the sales contract, receipt of the purchase price, repayment of collateral loans, and real estate order, to G.”
After all, G issued to the Plaintiff all the documents necessary for filing an application for ownership transfer registration with respect to each of the instant real estate on October 2015.
C. The Defendant’s articles of incorporation was included in the documents delivered by G to the Plaintiff. The articles of incorporation is written on January 6, 2010 by the date of preparation, and the horses are affixed with the seal of the chairman of the party branch E, the executive members F, and three members of the G information collector.
(hereinafter referred to as the “instant articles of association”). The instant articles of association are required for the smooth operation of the church administration, as well as for the officers, collectors, and collectors.