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(영문) 서울고등법원 2017.11.10 2017나2021419
대여금 및 근저당권설정등기
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation of this case are as follows, except for the addition of the following judgments as to the matters alleged in the trial of the court of first instance to the plaintiffs and the defendant, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters to be judged additionally;

A. On December 10, 2015, the Plaintiffs asserted that, “The Defendant promised to transfer each real estate listed in the separate sheet to G, and actively cooperate in G’s utilization of the said real estate for business purposes,” issued “A certificate of real estate transfer” (Evidence 13) and “A certificate of completion of registration” (Evidence 14) and “A certificate of completion of registration.” On January 13, 2016, the Plaintiffs and G signed the instant agreement, and that the Defendant agreed to implement the procedures for registration of creation of collateral collateral collateral security on each real estate listed in the separate sheet.

The following facts are met: (a) evidence No. 9-1 to 5; (b) evidence No. 9-1 to 13; (c) testimony by the witness N of the first instance trial; and (d) the Defendant issued G a notice of transfer of real estate, registration information, and completion of registration to G on December 10, 2015; and (c) on January 13, 2016, the mere fact that the Defendant signed the instant implementation agreement on January 13, 2016 is insufficient to recognize that the Defendant agreed on the implementation of the registration procedure for creation of collateral security for each real estate listed in the separate sheet to the Plaintiffs; and (d) there is no

B. The Plaintiffs invested each real estate listed in the separate sheet as a partner of G in kind by the Defendant, and G acquired a company listed in the KOSDAQ and gave the Defendant the proceeds from stocks and investments. As such, G, a partner of G, provided that he/she may use each real estate listed in the separate sheet in collecting loans or investments from investors, including the Plaintiffs, and KRW 180,950,000 from G as the proceeds from investment.

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