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(영문) 서울고등법원 2017.11.07 2016나2057268
근저당권말소
Text

1. Revocation of the first instance judgment.

2. As to each real estate listed in the separate sheet No. 1 to the Plaintiff.

Reasons

1. Basic facts

A. The acquisition of the instant real estate and the confirmation of the establishment of a charnel project plan) C and the Plaintiff are each real estate listed in the separate sheet Nos. 1 and 2 (hereinafter collectively referred to as the “instant real estate”) around December 20, 207.

(2) On February 22, 2008, the Plaintiff participated in the auction procedure of the real estate rent in progress with the Incheon District Court D, and paid the purchase price of KRW 57 million in the name of the Plaintiff, and received a decision to permit the sale of KRW 1.22 billion in the purchase price. 2) The Plaintiff completed the registration of the transfer of ownership as to the real estate in the name of the Plaintiff on May 8, 2008, by using a cashier’s checks issued by the Defendant, 1.21 billion in total face value (= KRW 47 million in total), etc., of KRW 1.2 billion in face value (= KRW 1.63 million in total).

3) Meanwhile, “C, etc.” is referred together to Defendant C, E, and network F (hereinafter “C, E, and network F”), excluding the Plaintiff.

(2) On March 3, 2008, on the ground of the instant real estate, the head of the Si/Gun/Gu shall review and determine a plan for the establishment of a charnel project (Evidence A 2). (b) On December 30, 2008, the head of the Si/Gun/Gu shall determine that the Defendant’s 35% of the instant real estate, C 25% of the E, E 23% of the net Fund, and the net F shall have 17% of the equity shares, and if the instant real estate is registered as joint ownership, the said share shall be registered at the above rate. In the event of the sale of a charnel project and a third party, the head of the Si/Gun/Gu shall be responsible for and obligations with the share owned, and if it is to be sold in the middle, an agreement (Evidence A 3; hereinafter “instant agreement”).

The letter of agreement of this case states that "the shares of the person concerned in this case shall be adjusted by a subsequent consultation" as a special article.

2) The Defendant, C, etc., through a meeting on March 17, 2009, shall set up a four-stage project plan for the instant real estate (sale, purchase, Dong business, and land creation mortgage), with respect to the instant real estate.

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