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(영문) 서울고등법원 2017.11.10 2016나2081360
채무부존재확인
Text

1. Revocation of the first instance judgment.

2. The notary public of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is a law firm.

Reasons

1. Facts recognized;

A. On March 18, 2005, the Plaintiff purchased from P on February 18, 2005 the Gyeong-gun Co., Ltd. 1,147 square meters and D 4,985 square meters (hereinafter “instant E-ri land”) for KRW 275,00,000,000.

(2) On March 18, 2005, the Plaintiff borrowed 100,000,000,000 won from the Defendant for the payment of intermediate payment out of the purchase price of the instant land. If the instant land was sold to a third party, the Plaintiff agreed to pay to the Defendant the amount calculated by adding 30% (50,000,000 won or more) out of the sales profits to the third party (hereinafter “the first agreement”).

(3) The plaintiff sold the land of this case to a third party on September 2005, but did not pay the contract amount under the first agreement of this case to the defendant.

On July 10, 2006, the Plaintiff completed the provisional registration to preserve the right to claim ownership transfer registration (the provisional registration of this case is referred to as “the provisional registration of this case”) to H designated by the Defendant or the Defendant, respectively, on five lots of land (the land of this case, referred to as “instant Gri land”) including 1,637 square meters, Fancheon-si, Chuncheon-si.

(4) However, with respect to the instant Gri land, Q and M, a senior mortgagee, were voluntarily decided to commence the auction on December 19, 2006, and the same court S on January 10, 2008.

(5) The instant Gri land was sold to a third party on July 28, 201 in accordance with the instant auction procedure. Accordingly, the instant provisional registration was revoked.

B. On December 4, 2007, the Plaintiff purchased a notarial deed and the Defendant’s compulsory execution (1) around August 24, 2005, five lots of land (hereinafter “instant J land”) including the 1st 667 square meters in Gyeonggi-si, Gyeonggi-do, and offered it as joint security, and was loaned from the Gyeyang Livestock Cooperative.

(2) On the other hand, regarding the Plaintiff’s creditor T and U.S. land of this case on March 10, 2006.

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