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(영문) 광주고등법원 (전주) 2018.10.11 2017나11525
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

As to the apartment of this case, the registration of the transfer of ownership based on the above sale has been completed, and the remaining Gwangju Agricultural Cooperative completed the registration of the establishment of the right to collateral security (hereinafter “mortgage of this case”) with the debtor and the maximum debt amount of 60 million won.

3) The Defendant, on December 29, 2015, leases the instant apartment to M during the period from February 27, 2016 to February 26, 2018 (hereinafter “instant lease agreement”) a deposit of KRW 240 million (payment of KRW 24 million upon contract deposit, the remainder of KRW 216 million on February 27, 2016), and the lease period from February 27, 2016 to February 26, 2018 (hereinafter “instant lease agreement”).

Upon entering into the agreement, the following special terms and conditions were stipulated as follows. On December 21, 2015, the Defendant received from M, respectively, KRW 2 million out of the down payment, KRW 22 million remaining down payment on December 29, 2015, and KRW 216 million remaining on February 27, 2016. [Matters of special agreement] * is a lease contract under the status of a sale right. * The amount of security loan is to receive KRW 50 million (Won 50,000,000) in the actual amount (the balance sheet) * Urban gas connection cost is to be settled by the lessor. * The Plaintiff completed the registration of ownership transfer for the reason of the instant contract deposit with the Plaintiff on December 26, 2015.

[Reasons for Recognition] In the absence of a dispute, Gap evidence Nos. 1 through 5, 10, 11 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 7, 14, 21, 26, and 27, the fact inquiry conducted by the court of first instance to J, the fact inquiry conducted by the court of first instance to the witness of the first instance, the testimony by the witness of the first instance trial, the testimony by the witness E and the purport of whole pleadings

2. The Plaintiff’s partial claim asserts that the following 3 through 7 is claimed, and the Plaintiff claims KRW 250 million, which is a part of the Defendant’s total debt amount, and damages for delay.

3. Deposits with Korean Investment Securities Account in the name of the Defendant.

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