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(영문) 대전고등법원 2019.05.16 2018나15350
정산금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 5, 2017, the area of H 4,195 square meters was reduced to 22,483 square meters as a result of the division of the instant forest from E 26,678 square meters of the instant forest in Sejong Special Self-Governing City, which was owned by the network D (hereinafter “instant forest”). However, since the relationship between the alteration of rights for each land after the division is identical, it should be noted that the instant forest is limited to the instant forest without complying with the division before and after the division.

On October 7, 2013, the provisional registration of the right to claim the transfer of ownership in the defendant's name (hereinafter referred to as "provisional registration of this case") was made on the ground of the pre-sale promise made on October 4, 2013.

B. At the time of the provisional registration of the instant case, the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 4,350,000,000) of the FF association on December 30, 201, which was executed by the debtor on August 27, 201, the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 1,00,000,000) of G on August 27, 2012, and the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 420,00,000) of the Industrial Bank of Korea on May 7, 2013, was completed respectively.

Sales proceeds: 2,500,000,000 - Contract proceeds: 250,000,000 won: 250,000,000 won at the time of contract, and receipt at the time of contract - Balance: 2,250,000 won (payment on October 4, 2013) / [Matters of special agreement]

1. At present, the principal of the loan of Dong-gu is KRW 24:3,350,000,000 (FF associations) and KRW 1,000,000 (G) and KRW 26:0,000 (G) and KRW 27:350,000,000 (Bank) and KRW 27:350,000,000; 2. Contract deposit and remainder shall be substituted by the seller’s debt.

3. The key of a provisional registration of sale shall be to establish a provisional registration at the time of balance of sale;

4. The date of transfer of ownership shall be determined by the buyer and the seller shall immediately prepare and transfer all documents when the buyer desires to transfer his ownership.

When the transfer is known, all damages shall be compensated and responsible.

5. The principal and interest until the transfer of ownership shall be the payment key of the seller.

6. The buyer succeeds to the principal of a loan of 4,700,000,000 won at the time of the transfer of ownership to the buyer.

7. In trading to a third party later, the amount of the actual principal and interest may be increased or decreased by calculating it.

C. The defendant and the network D.

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