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(영문) 서울서부지방법원 2015.11.05 2015나704
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 31, 2010, the Plaintiff and the Defendant entered into an exchange contract with the effect that each of the lands listed in the separate sheet 2 (hereinafter “each of the instant lands”) and the Plaintiff transfer ownership of each of the buildings listed in the separate sheet 1 (hereinafter “each of the instant buildings”) to another party (hereinafter “instant exchange contract”). During that process, the parties would have to cancel the registration of remaining restriction of rights, such as seizure, instead of succeeding the Plaintiff’s possession of the secured obligation on each of the instant lands. Meanwhile, the parties agreed to obtain loans by providing each of the instant buildings to financial institutions as collateral and distribute the loans to the Plaintiff and the Defendant.

B. The Plaintiff and the Defendant, taking into account the difference between the location and use of each real estate subject to the instant exchange contract, and the degree of restriction on the right arising from the right arising from the collective security right established on each of the instant land, which the Defendant had made by transferring the ownership of each of the instant land. On June 7, 2010, the Plaintiff provided each of the instant buildings as a security to financial institutions, and received a loan of KRW 300 million, and paid KRW 200 million among them to the Defendant, and the Defendant bears the loan expenses and interest. The Defendant takes the transfer of ownership as to the land listed in the attached list 2, 10, 11 (hereinafter “D land”), and at the same time takes the transfer of ownership as to the said land (hereinafter “instant land”), takes the procedure of transferring ownership under the name of the Korea Rural Community & Agricultural Corporation established with the loan granted by the Defendant, and, on the other hand, prepares a provisional registration for the said land under the name of the Plaintiff.

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