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(영문) 서울고등법원 2018.03.08 2017나28407
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 15, 200, the Plaintiff completed the registration of ownership transfer on the ground of “sale on June 30, 200,” with respect to the building 6th floor of reinforced concrete structure D located in Ansan-si, Ansan-si (hereinafter “instant building”). As to the instant building, the registration of ownership transfer was completed on July 14, 200 by the debtor, the defendant, the maximum debt amount of 350,000,000 won, and the registration of ownership transfer on March 22, 2001 by the debtor, the defendant, the defendant, the maximum debt amount of 150,000,000 won, and the registration of ownership transfer was completed on the ground of the instant building from February 18, 201 to December 21, 2015, the registration of ownership transfer was completed on the ground of the instant building’s sale on the ground of the instant building.

3. During the period between March 1, 200, the sum of KRW 1,412,807,00 as part of the selling price of the building of this case was paid in cash or by check.

Around that time, the Plaintiff paid KRW 1,288,855,000 in cash or check to the Plaintiff’s husband at the time and the representative director of the Defendant.

On February 28, 2011, the Defendant paid KRW 150,000,000 to beer, KRW 80,000,000 to beer, and KRW 250,00,000 to beer on March 4, 2011, and KRW 480,00,000 to beer. The registration of the establishment of a neighboring mortgage over the instant building was cancelled on February 25, 201, and the registration of the establishment of a neighboring neighboring mortgage over beer as to the instant building was cancelled on February 28, 2011.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 5, and the parties' assertion of the purport of the whole pleadings

A. The gist of the Plaintiff’s assertion was to set up each right to collateral on the instant building, which is the Plaintiff’s unique property during marriage, in order to secure the Defendant’s respective obligations to be owed to be paid to be paid to be paid to be paid to be paid to be paid to be paid by beer and beer, and the sale price of the instant building via C.

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