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(영문) 대전고등법원 2018.06.01 2017나15438
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 125,00,000 against the Plaintiff among the judgment of the court of first instance, and the Plaintiff’s aforementioned amount, from March 11, 2016 to June 1, 2018.

Reasons

1. Basic facts

A. On January 13, 2010, the Plaintiff entered into a sales contract with the co-defendant E of the first instance trial to sell real estate listed in the attached Table 1 “Real Estate List” (hereinafter “Real Estate 1”) for KRW 1,080,000.

[hereinafter] The above sales contract is referred to as "the first sales contract of this case" and the sales contract was prepared at the time of the above sales contract (No. 7, No. 500, No. 1, No.

(1) The proviso to Article 1 of the instant sales contract provides that “The entire amount of a transferred tax shall be the buyer’s payment amount, and the head of a cemetery shall be the remainder after the remainder. 30 million won shall be lent by February 15 and deducted at the remaining time.”

B. On July 1, 2010, G Co., Ltd. (hereinafter “G”) succeeded to the first sale contract, etc. with the Plaintiff and entered into a sales contract to purchase the instant real estate first.

(hereinafter referred to as “instant secondary sales contract”) between G and the Plaintiff.

G received a loan of KRW 1,250,00,00 from the Mean Community Treasury of the Republic of Korea, which was established in order to pay the balance of the purchase price under the 2 sale contract of this case, on August 9, 2010, G, with the consent of the Plaintiff, the debtor H (the representative director at the time of G), the maximum debt amount of KRW 1,625,00,00,00 from the Saemaul Community Depository of the Republic of Korea, and the Saemaul Community Depository of the Republic of Korea, which was established in attached Table 1, among the real estate No. 1 of this case, was completed with respect to the real estate listed in attached Table 1, 3, 4, and 2, as well as the real estate listed in attached Table 2

G paid the remainder of the purchase price to the Plaintiff with the above loan, and completed the registration of ownership transfer on August 30, 2010 with respect to the instant real estate No. 1 in the future.

On August 27, 2010, the Plaintiff’s wife A (hereinafter “A”) lent KRW 250,000,000 to G out of the remainder received as above, and the Codefendant F of the first instance trial.

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