logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.12.10 2014나54069
투자금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

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. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The parties' assertion

A. The plaintiff's primary claim 1) The defendant, although he agreed to provide the apartment of this case as security in order to secure the plaintiff's obligation to pay the agreed amount, was unable to perform the above security obligation by selling the apartment of this case to a third party and completing the registration of ownership transfer. Thus, the defendant is liable to pay the plaintiff 150,000,000 won remaining after deducting the already paid amount of 170,000,000 won from the damages. 2) The defendant is liable to pay the plaintiff 170,000,000 won from the damages. 2) The defendant is liable to pay the plaintiff 170,000,000 won from the contract of this case to the plaintiff who is the husband for the fulfillment of the obligation according to the contract of this case against the plaintiff who is the husband.

3. Determination

A. On October 8, 2011, 106,00,000 won was paid until October 31, 201, which was urged by the Plaintiff to repay investment funds invested through G during the construction of H building, and C prepared and delivered a written statement of this case to the Plaintiff to prepare the sales contract for the apartment of this case in the Plaintiff’s future for the purpose of security. Accordingly, on October 8, 2011, the Defendant, the owner of the apartment of this case and the denying owner C, prepared a sales contract for the apartment of this case to the Plaintiff with the purchaser as the Plaintiff and the selling price of 106,00,000,000 won as the Plaintiff, and the Defendant completed the registration of ownership preservation of the apartment of this case on November 9, 2012, and the Defendant completed the registration of ownership preservation of the apartment of this case on December 1, 2012.

arrow