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(영문) 서울중앙지방법원 2015.06.02 2014나38318
구상금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the part concerning the reasoning of the judgment of the first instance is stated in Paragraph 1 of Article 420 of the Civil Procedure Act.

2. Determination:

A. (1) The Plaintiff’s assertion (1) sold the instant real estate, which is its sole real estate, to the Defendant and completed the registration of ownership transfer of the instant real estate.

The sales contract of this case is presumed to be fraudulent act and the defendant's bad faith.

Therefore, from 154,00,000 won equivalent to the market price of the instant real estate, the instant sales contract is revoked within the limit of KRW 57,028,457, which deducts KRW 96,971,543 of the amount of the national bank’s collateral collateral on the instant real estate, within the limit of KRW 54,541,540 as of April 18, 2014, and the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 54,541,540 as well as the annual rate of KRW 55% as of April 18, 2014.

(2) The Defendant’s assertion A, while purchasing the instant real estate, used 75,000,000 won of the lease deposit money to U for the purchase of the instant real estate.

C On April 5, 2010, upon entering into a lease agreement with A to lease the instant real estate in KRW 90,000,000, the lease deposit was returned to the former lessee as part of the lease deposit, and the date was determined.

On December 21, 2012, the Defendant concluded the instant sales contract with A, with a view to accepting the collateral security obligations against the National Bank on the instant real estate and the obligation to refund the lease deposit against C, with a view to KRW 140,000,000.

Therefore, 70,000. 70. 1. 1. 1. 1. 1. 1. 1. 1. 2. 1. 1. 1

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