logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.07.19 2015나2059564
소유권이전등기절차이행등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The grounds for the judgment of the court of first instance (excluding the claims of the co-Plaintiff B and C of the court of first instance and the part concerning determination thereof) shall be cited for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the

However, the judgment of the first instance court No. 3 9 is as follows: “each of the instant real estates” is as follows: “each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”)”; “1.5 million won” in the 7th 10,000 column “1.5 million won”; and the judgment on the allegations made by the Plaintiff in this court shall be added as follows.

2. Additional determination

A. The gist of the Plaintiff’s assertion was that, at the time of the conclusion of the instant trust agreement, the title of each of the instant real estate was transferred to Defendant trust company, the Plaintiff did not comply with the registration of the trust. In particular, the Plaintiff did not conclude the instant trust agreement if it was explained that if it was not repaid the loan obligation, it would be sold to the public auction rather than the auction procedure. However, without explaining such circumstance by the Defendants, the Defendants deceptioned the Plaintiff by deceiving the Defendants on the ground that the collateral trust is more than the collateral security, because the registration cost is saved than the collateral security.

Therefore, the instant trust agreement between the Plaintiff and the Defendant trust company should be revoked on the ground of the aforementioned deception. The Defendants, as joint tortfeasor, are liable to compensate the Plaintiff for damages equivalent to KRW 1,050,000,000, which the Plaintiff did not incur due to the transfer of the ownership of each of the instant real estate to Defendant trust company.

B. At the time of concluding the instant trust agreement, it is insufficient to recognize the above deception, even in accordance with all the evidence submitted in the instant case, as to whether the Defendants, as alleged above, deceiving the Plaintiff.

arrow