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(영문) 부산고등법원 2016.08.25 2015나53155
전부금
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. The court's explanation on this part of the basic facts is based on Paragraph 1 of the reasoning of the judgment of the first instance.

B. Of the part 1 portion, “820 million won out of the purchase price of the instant real estate shall be substituted by the Defendant’s acceptance of the obligation for loans from the Ulsan Agricultural Cooperative as collateral, and the remaining purchase price of KRW 1150 million was agreed to pay to the Defendant with additional loans granted as collateral for the instant real estate.” The Defendant agreed to pay KRW 820 million out of the purchase price of the instant real estate in lieu of the Defendant’s acquisition of the loan obligations, which the Defendant received from the Daeyang Agricultural Cooperative as collateral, the maximum debt amount of KRW 1.1 billion, the right to collateral security, the term of the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, the right to collateral security, and the right to collateral security, and the Defendant agreed to pay KRW 1550 million,000,000,00 to the Bank by providing the instant real estate as collateral.

§ 1, Paragraph 1.

B. On November 11, 2013, the Defendant: (a) cancelled the right to collateral security and superficies established on the instant real estate; and (b) established the right to collateral security and superficies established on the instant real estate with a maximum claim amount of KRW 1.3 billion; (c) the right to collateral security and the duration of the right to collateral security; (d) the duration of the right to collateral security and superficies established on the instant real estate by Ulsan Agricultural Cooperative with a person holding the right to collateral security; and (e) the right to collateral security and superficies created by the person holding the right to collateral security, as stated in

2. The parties' assertion

A. After entering into the instant sales contract for the Plaintiff’s assertion, the Defendant failed to perform the procedure for the registration of ownership transfer of the instant real estate as the Defendant requested the preparation of the instant sales contract after entering into the instant sales contract, and thus, on or around December 2010 or October 2013, the Daesung Steel and the Defendant rescinded the instant sales contract by mutual agreement.

. ..

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