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(영문) 서울고등법원 2017.01.20 2016나2040536
매매대금청구의 소등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. C and D, which carried on the real estate brokerage business at Osan-si, recommended the purchase of the Flue Association (hereinafter “the instant site”), which is owned by the Flue Association (hereinafter “F Mame Association”), from Osan-si G G large 691.2 square meters (hereinafter “the instant site”), and offered a proposal that the insufficient purchase funds can be used for loans from financial institutions and the interest on financial institutions until the resale would be borne by them, and E would accept the said proposal.

B. On March 30, 2002, E purchased the instant site from the Femin Association for KRW 1.5 billion, and paid KRW 700 million as part of the purchase price. As to the instant site, the Defendant, who was omitted in C and E’s son, jointly completed the registration of ownership transfer with 1/2 shares, and completed the registration of ownership transfer with respect to the instant site in order to secure the obligation for remainder of KRW 800 million, the Femin Association completed the registration of creation of mortgage over the debtor C, the maximum debt amount of KRW 850 million in the future.

C. On July 22, 2004, C obtained a loan of KRW 800 million from the National Agricultural Cooperative Federation (hereinafter “FFFF”) and repaid the remainder of the above purchase price to FF FF FFF relatives, terminated the right to collateral security under the name of FF clan, and on the same day, C completed the registration of establishment of a mortgage over the instant land, the maximum debt amount of KRW 960 million, and the debtor C, in the future.

C and D did not resell the instant land for two years after the lapse of two years, D demanded the return of KRW 100 million of the funds it assumed, while it is no longer able to bear interest on the loan. To resolve this, it borrowed KRW 1.1 billion from the Suwon Livestock Cooperative (hereinafter “UF”) on August 17, 2006 and borrowed money from the Suwon Livestock Cooperative (hereinafter “UFF”).

After cancelling the right to collateral security with the repayment of the obligations of the NACF, the maximum amount of claims regarding the site of this case shall be the maximum amount of claims.

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