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(영문) 서울고등법원 2016.11.25 2016나2050946
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 3, 2010, the Defendant: (a) was divided into D Forest No. 2,412 square meters of land owned by C on July 11, 2014 with respect to land on the scale of D Forest No. 2,412 square meters of land owned by C; (b) on November 27, 2014 of the same year, Pakistan-si; (c) KRW 295 square meters of H Forest; (d) KRW 82 square meters of land; (d) KRW 100 square meters of land for I Forest; (e) KRW 1,5

As to the obligor C and the maximum debt amount of KRW 1.2 billion (hereinafter “instant mortgage”), the establishment of the right to collateral security (hereinafter “mortgage”) was concluded, and completed the registration of establishment of the right to collateral security (No. 15529), which was received on March 4, 2010, by the Jung-gu District Court’s High Court’s jurisdiction office

B. On June 8, 2012, the Defendant received contact from F, which had a secretary of the office of certified judicial scrivener E, for the cancellation of the registration of creation of the instant right to collateral security, and issued relevant documents necessary for the cancellation of the registration of creation of the instant right to collateral security to the female employees of the said certified judicial scrivener office visiting the Defendant’s office following the following day.

C. The registration of the establishment of the instant mortgage was cancelled on June 11, 2012 due to the cancellation of the contract to establish a mortgage.

【Reasons for Recognition】 The entry of Evidence Nos. 1-1 through 4, the witness F of the first instance trial, the testimony of C, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff had approximately KRW 2 billion claims against C, and C sold G golf courses owned by C (hereinafter “instant golf courses”) to repay the said claim to the Plaintiff and transferred the purchase price claim to the Plaintiff.

On October 31, 201, the Plaintiff and C, together with the Defendant seeking to purchase the instant golf course, entered into a mortgage transfer agreement with the effect that “The Defendant shall transfer the instant right to collateral security to the Plaintiff, on condition that the Plaintiff does not exercise his right to claim down payment out of the purchase price of the instant golf course,” and accordingly, the Defendant entered into a mortgage transfer agreement with the Plaintiff (hereinafter referred to as “mortgage transfer agreement”).

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