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(영문) 서울고등법원 2017.04.05 2016나2068671
소유권말소등기
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) is KRW 825,000,000 from the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. 1) The Plaintiff’s use relation to the instant real estate is each of the real estate listed in the separate sheet from April 24, 2006 (hereinafter “instant real estate”).

3) On the ground level, “K Hospital funeral hall” (hereinafter “instant funeral hall”) shall be deemed to be a funeral hall on the first ground level.

2) On October 10, 2012, the Plaintiff and his spouse agreed to sell 10% (10%) out of their own shares to H, and the Plaintiff and H agree to change the buyer’s name at the request of the Plaintiff and H, 23% (2.3/10), 17% (1.7/10), and 10% (1/10) of the shares of the instant funeral hall (the ownership appears to have been entitled to operate the instant funeral hall depending on their own shares) and the F made sales and operation agreements to the effect that the Plaintiff and H will delegate their right to operate the instant funeral hall to the Plaintiff and H.

B. On August 26, 2014, the Plaintiff and the Defendant concluded the following contracts:

(2) The term “instant contract” refers to “the instant contract” and the term “the instant real estate sales contract” under the said contract and the Defendant’s obligation to pay the remainder is the object of the loan for consumption (hereinafter “instant agreement”). 1. Location: Gyeonggi-do City, Gyeonggi-do, the land of which is 657 square meters, the entire six floors of buildings and medical facilities, and the funeral hall for underground use.

2. Sales amount: A loan of KRW 10 million (one half of the total equity interest): The loan shall be succeeded to as equity interest.

(1) pay the contract deposit on August 26, 2014.

(2) by 30 October 2014, 50% of equity interest shall have been paid in advance by 30 October 2014 when acquiring 1/2 of equity interest.

(3) By no later than October 30, 2016, the monthly interest shall be borrowed with a view to making it clear that the monthly interest shall be one million won.

(b)be deducted from the down payment in arrears.

(4) Registration shall be made by mutual agreement.

m.

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