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(영문) 부산고등법원(창원) 2015.06.18 2015나833
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. Basic facts

A. On January 14, 2005, the Plaintiff entered into a sales contract with C to purchase each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the amount of KRW 3.73 billion (hereinafter “the first sales contract”), and paid KRW 350 million in total to C the down payment, intermediate payment, and remainder, and the remainder KRW 3.38 billion in total. The Plaintiff paid the remainder of KRW 3.388 billion in total to the creditor, Han-gu Mutual Savings Bank, Korea, which is the secured debt of the right to collateral security established on each of the instant real estate, by the method of the Plaintiff’s acceptance.

B. On January 14, 2005, the Plaintiff received delivery of each of the instant real estate from C and operated “E hotel” in accordance with the first sale and purchase contract. Public charges, such as electricity charges, etc. accrued in the process were overdue, and the Plaintiff did not accept the first loan obligations, and thus, C’s loan interest and burden was increased.

C on May 9, 2008, with respect to each real estate of this case established a collateral security amount of 2.6 billion won with respect to Yong-Nam Mutual Savings Bank Co., Ltd., and took out loans (the debt of this loan hereinafter referred to as “the debt of second loan”) under the name of Vice-Nan Co., Ltd. (the debt of this loan hereinafter referred to as “the debt of the second loan”) and cancelled the collateral security (the debt of the first loan hereinafter referred to

C. After the occurrence of a dispute over the implementation of the first sale contract between the Plaintiff and C, the Plaintiff filed a lawsuit against C with the Changwon District Court (Seoul District Court 2009Gahap1224) to seek the performance of the registration of transfer of ownership to each of the instant real estate, and subsequently rendered a favorable judgment on December 11, 2009. However, in the case of Busan High Court 2010Na1586, the appellate court, the appellate court, issued a favorable judgment against the Plaintiff on September 10, 2010, “the Plaintiff exempted C from the joint and several liability for the second loan debt, paid delinquent local taxes and electricity charges, and paid local taxes paid by C to C.

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