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(영문) 대법원 2015.05.14 2015다201053
배당이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Based on the circumstances indicated in its holding, the lower court: (a) held that, in the event that the instant sales contract becomes conclusive and conclusive, the instant mortgage is construed as a specific collateral security to secure the Defendant’s liability for compensation for damages if the obligation to transfer ownership under the instant sales contract, which is an obligation to return unjust enrichment to C, or an effective obligation to transfer ownership, is impossible; and (b) the instant sales contract was impossible due to the instant expropriation; and (c) thereby, was finally null and void.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the interpretation of the disposal document, comprehensive collateral security, flexible invalidation, and quasi-loan

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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