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(영문) 서울고등법원 2016.05.13 2015나2017775
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a broker of the Defendant, and as the broker of the Defendant, F orchard 7,170 square meters (hereinafter “the mother land of this case”).

(2) On December 24, 2004, the remainder of the mother land of this case, excluding 525 square meters, was divided into three parts: (a) C orchard 6,033 square meters; and (b) G orchard 612 square meters.

3) Thereafter, on December 29, 2004, the ownership transfer registration on D’s co-ownership shares out of 525 square meters remaining after the partition was completed with regard to D’s co-ownership shares on December 28, 2004. The ownership transfer registration was completed on January 12, 2005 with regard to D’s co-ownership shares out of C orchard 6,033 square meters and G orchard 612 square meters, based on the same partition of co-ownership. (4) The Plaintiff completed the registration of ownership transfer on January 21, 2005 with regard to D’s co-ownership as the seller, and on January 17, 2005, it was completed on January 21, 2005 to the Plaintiff on January 17, 2005.

5) In addition, from January 17, 2005, the registration of ownership transfer was completed with respect to the size of 612 square meters in GUwon in Nam-si, Namyang-si, which was owned independently by D on January 17, 2005. (B) The details of D’s obligation to collateral security, out of the mother land of this case, registered as D with the debtor as to D’s co-ownership as to D’s co-ownership on April 8, 2004, which was created as KRW 150,000 won for the mortgagee E and the maximum debt amount on January 21, 2005, and was cancelled due to termination on March 14, 2002.

The maximum debt amount shall be KRW 140,000,000 and the right to collateral security established on May 29, 2002.

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