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(영문) 서울고등법원 2017.11.03 2016나2088392 (1)
손해배상(기)
Text

1. The judgment of the first instance, including the plaintiffs' claims added or reduced in the trial, is as follows.

Reasons

1. Basic facts

A. On March 5, 2010, D and D purchased the price of KRW 1,230,000,000 from E and “D” to purchase KRW 2,912 square meters prior to F in Gwangju City (hereinafter “instant land”) as follows:

(hereinafter referred to as “the instant reservation”). Article 1 (Matters of Special Agreement 1) enters into a reservation for sale and purchase under the name of B (D) and both parties to permission for a land transaction contract after completion of the building will faithfully implement the said permission.

II.(2)This reservation shall be made to Section B (E) by dividing the amount of a sales agreement into one and two parts after the completion of the building and the land above is subject to the transfer of ownership due to the circumstances of Section B.

Article 4 (Methods of Price Payment) (Methods of Price Payment) A shall be paid for the purchase price as follows:

Section 6 (1) A, at the same time as the receipt of the first sale agreement amount, provides the said land to B as security at the cost of securing a claim for the said land and the registration of creation of mortgage (the maximum amount of bond) at the same time as the receipt of the remainder and the documents on the object of the purchase and sale and the transfer of ownership of a building are issued to B, as of June 30, 2010, the amount of 300,000,000 won as of June 30, 2010, KRW 350,000,000,000,000,000,000,000.

B. On March 5, 2010, the Defendant received, from E, a blank mortgage contract form in which E’s signature and seal are affixed (hereinafter “instant mortgage contract”) and “person who has created superficies,” a blank superficies contract form in which only E’s signature and seal are affixed (hereinafter “the instant superficies contract form”). ② A interest rate of KRW 500 million shall be 3% per month and the due date of payment shall be determined as of June 5, 2010, and E was issued with a certificate of borrowing (hereinafter “the instant loan agreement”).

(c).

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