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(영문) 서울고등법원 2015.01.22 2014나22613
매매대금반환 등
Text

1.The judgment of the first instance, including a claim for exchange change in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. 1) On December 9, 2004, the Plaintiff and C, a female student of the Plaintiff, leased KRW 132.5 million to the Defendant on the following grounds: (a) the registration of the instant right to collateral security and the conclusion of the instant sales contract; (b) the Plaintiff and C, a female student of the Plaintiff (hereinafter “instant loan claims”).

(2) On the same day, the Defendant’s forest land owned by the Defendant (hereinafter collectively referred to as “instant forest”) is the same as 4,000 square meters of D forest land, E forest land 2,744 square meters of land, and F forest land 1,454 square meters of land.

one-half shares in each of them (hereinafter collectively referred to as "the defendant's shares in this case").

2) As to the registration of the establishment of a collateral security (hereinafter “registration of the instant collateral security”) with respect to the Plaintiff, C, the debtor, the Defendant, and the maximum debt amount of KRW 160 million.

(2) On March 15, 2005, the Plaintiff acquired C’s share of the instant loan claims from C, and on March 15, 2005, the Plaintiff and the Defendant agreed to purchase the Defendant’s share of KRW 450 million from the Defendant, but the intermediate payment of KRW 75 million on the day of the contract, and the intermediate payment of KRW 135 million on March 16, 2005, and the remainder payment of KRW 245 million was paid to the Defendant on April 26, 2005 (hereinafter “the instant sales contract”). The Plaintiff concluded a sales contract with the effect that the payment of KRW 1325 million should be made on April 26, 2005 (hereinafter “the instant sales contract”). As of March 16, 2005, the Plaintiff agreed to pay KRW 75 million to the Defendant as the intermediate payment of the instant loan claims, and paid KRW 75 million on the day of the contract.

On the other hand, the main contents of the instant sales contract are as follows.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver all the documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the delivery date of the shares of the Defendant shall be April 26, 200

Article 3 (Extinguishment of Restricted Real Rights, etc.) If there is a reason to restrict the exercise of ownership, such as a mortgage, superficies, lease, etc. established in the defendant's shares in this case, or if there is any unpaid amount of tax and other charges, the defect of such rights until the balance is received.

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