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(영문) 대법원 2015.10.29 2013다30004
소유권말소등기 등
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

On April 8, 2010, the Plaintiff sold to the Defendant the gas stations and gas charging stations, and related permission rights, etc. newly constructed on the instant land and its ground. The Defendant paid KRW 400 million to the Plaintiff in cash, and the remainder of KRW 1.6 billion to the Plaintiff, which is the secured debt of the right to collateral security established on the instant land, entered into a sales contract with the Plaintiff’s obligation of KRW 1.2 billion (hereinafter “Sskkex loan obligation”) with the Plaintiff’s obligation of KRW 1.2 billion (hereinafter “Skkex loan obligation”) and our bank (hereinafter “Korea bank”).

B. The Plaintiff completed the registration of ownership transfer of the instant land in the Defendant’s future, and changed the name of permission for mountainous district, and the Defendant also paid KRW 400 million to the Plaintiff, while taking over the debt of KRW 1.2 billion to the Plaintiff.

C. As a result of the settlement of the instant sales contract on May 27, 2011, the Plaintiff and the Defendant agreed to take over in full the loan obligation of KRW 1.966 million to our banks that had arisen under the name of the Plaintiff until the time, and instead, the Plaintiff shall pay KRW 524 million to the Defendant for the difference that the Plaintiff acquired in excess of the purchase price originally owed by the Defendant. However, the Plaintiff’s payment of the difference and the Defendant’s assumption of the obligation to the Defendant’s Zkkex and our Bank shall be made until June 7, 2011, and the Plaintiff shall pay in cash the difference of KRW 520 million to the Plaintiff, and the remainder, as a special agreement, shall be paid in cash, KRW 20 million to the Plaintiff, among the difference of KRW 524 million to the Plaintiff’s name.

(hereinafter “instant First Implementation Agreement”). D.

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