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(영문) 서울고등법원 2015.01.29 2014나40451
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

Basic Facts

Around December 15, 2006, the Defendant entered into a sales contract with D to purchase KRW 270,000,000 of the purchase price (hereinafter “instant sales contract”) with C & 134 square meters in Nam-si, Namyang-si, and three-story detached houses and Class II neighborhood living facilities (hereinafter “instant real estate”) on the ground of reinforced concrete structure on the said land owned by D, in order to purchase the said land and buildings at KRW 270,00,00.

On December 29, 2006, the registration of transfer of ownership in the name of the defendant was completed on December 15, 2006 on the real estate of this case.

Before the registration of ownership transfer, 120,00,000 won for each of the claims was completed with respect to the instant real estate, and the registration of provisional seizure by creditor E and the maximum debt amount of 91,00,000,000 won, and the registration of establishment of a new bank, a debtor F and a new bank, a stock company with the right to collateral security, was revoked on December 21, 2006 on the ground of cancellation on December 21, 2006. The registration of provisional seizure was revoked on January 2, 2007, and the registration of establishment of a neighboring mortgage was revoked on September 27, 2007 on September 21, 2007.

[Grounds for recognition] The plaintiff asserted as to the main claim as to the plaintiff's grounds for claim as to Gap's evidence No. 1, Gap's evidence No. 6-1, and Eul's evidence No. 6-2, and the grounds for claim as to the whole pleadings. The plaintiff lent KRW 90,000,000 out of the purchase price to the defendant at the time of the conclusion of the contract of this case, and thereafter lent KRW 110,000,000 for cancellation of the provisional attachment registration completed with respect to the real estate of this case and KRW 70,000 for cancellation of the registration of the provisional attachment,

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 270,000,000 (= KRW 90,000,000) and damages for delay.

Judgment

If the stamp image of the holder of a title deed signed and sealed on the private document as to the authenticity of Gap's No. 2 is reproduced by his/her seal, the authenticity of the stamp image will be formed, i.e., the signing of the stamp image, unless there are circumstances of the special group.

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