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Reasons
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(영문) 서울고등법원 2015.04.16 2014나37899
구상금
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff and D are real estate ownership-related 1) The real estate listed in attached Tables 1 and 2 (hereinafter “instant real estate”).

As a co-owner, the Plaintiff owned 14/20 shares and D 6/20 shares, respectively. 2) On March 29, 1999 with respect to real estate listed in [Attachment List Nos. 3, 5, and 6], and on real estate listed in [Attachment List No. 4], on October 16, 1999, the ownership transfer registration under E was completed.

(hereinafter referred to as the “Gemulified Real Estate”), the real estate listed in the [Attachment 3 through 6]. (b)

(1) The Plaintiff, D, and Defendant exchanged the instant real estate and the instant real estate; however, the price of the instant real estate is KRW 3.25 billion; and the price of the instant real estate is KRW 3.0 billion; and the security deposit and the collateral security obligations established on each of the instant real estate are acquired by the buyer; and the Plaintiff agreed to pay an additional KRW 50 million to the Defendant (hereinafter “instant exchange agreement”).

(2) The Plaintiff, D and the Defendant did not prepare an exchange contract while entering into the instant exchange contract, and each of the following documents was prepared:

On March 30, 2010, the principal content sales contract (Evidence A5) entered into on March 30, 2010, the real estate of this case was sold at KRW 3.25 billion, and related bank loans and deposit obligations shall be succeeded by the buyer.

At the same time, the real estate and the Kimpo real estate in this case are transferred, and when the buyer delays the transfer due to the circumstances of the buyer, the bank pays taxes, etc. and the seller receives rents.

On May 1, 2010, real estate sales contract (Evidence A No. 9-1) shall be sold in the amount of KRW 2.3 billion, and bank loans shall be settled in the balance and assumption of obligations.

On July 6, 2010, the plaintiff and the E list of the real estate sales contract (No. 9-2) shall be stated in paragraph 3 of the attached Table.

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