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(영문) 서울고등법원 2017.07.20 2016나2074034
소유권이전등기절차이행및건물인도청구의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for cases of cutting down or adding as follows. Thus, this case is included in summary under the main sentence of Article 420 of the Civil Procedure Act.

2.In the last 12th part of the 2nd part being dried or added, the following shall be added:

On September 17, 2014, the Defendant borrowed to the KCAB a loan of KRW 69.6 billion with respect to the instant land, the maximum debt amount of KRW 69.6 million with respect to the registration of the establishment of a mortgage against the Defendant (hereinafter “instant collateral security”) and around that time, the Defendant borrowed KRW 58 billion with the KCAB.

(hereinafter referred to as “the instant loan”). The following “the bank loan” refers to the Defendant’s loan obligations against the Bank of Korea.

Part III shall be deleted from each Part of Part III.

At the end of Part 4, the following shall be added:

On September 14, 2015, the defendant entered into an additional contract to add the building of this case to the joint collateral of the mortgage of this case with the Korea Bank in charge of the settlement of mortgage of this case. On the same day, the registration of the establishment of the mortgage of this case was completed to the Korea Bank.

Under the 4th page, each "witness" of the 2, 5th page 13 shall be carried out by the witness of the first instance trial "."

Part 1, 2, below the 7th page shall be followed as follows:

The Defendant’s obligation to transfer and deliver the ownership of the instant building: ① intermediate payment of KRW 163 million; ② sale balance of KRW 780 million; ③ purchase price of KRW 10 million in lieu of payment due to the acceptance of the obligation to return the lease deposit on the first floor of the instant building leased by the Defendant; ④ the Plaintiff’s intention to avoid imposing taxes on the Defendant for the sale of the instant building by changing the name of the owner of the instant building and making registration of the ownership preservation; ④ payment of KRW 86,57,921 for the reason that the Plaintiff failed to reach the above agreement, and ⑤ payment of KRW 86,57,921 for the reason that the Plaintiff failed to perform such agreement.

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