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(영문) 서울고등법원 2015.05.13 2014나2030894
구상금
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall list E (Seoul-dong-gu F) in the annexed sheet.

Reasons

1. Basic facts

A. The Plaintiff’s joint Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “K Co-Defendant A”) at the first instance trial (hereinafter “A”) changed its trade name on May 201, and on July 14, 2008, and each Plaintiff’s credit guarantee on May 30, 201, borrowed money from a national bank under the credit guarantee of each of the Plaintiff’s Co-Defendant A Co-Defendant A, Ltd., Ltd. (hereinafter “A”) to the original mutual name, “A”) to the former; and on August 31, 2012, the Plaintiff was subrogated to the national bank for KRW 975,065,081 on October 31, 2012.

(2) According to the Plaintiff’s claim for reimbursement against A, the first instance court rendered a judgment that “A shall pay to the Plaintiff the amount of KRW 972,230,268 and KRW 972,101,621 from October 31, 2012 to March 20, 2013, the amount of KRW 15% per annum and KRW 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive as it is.

B. On July 9, 2012, A entered into an exchange contract with E and the registration of ownership transfer under the name of the Defendant (1) and the real estate listed in paragraph (2) of the attached Table No. 2 owned by E (hereinafter “instant F real estate”) and the real estate listed in paragraph (1) of the attached Table No. 1 owned by E (hereinafter “instant multi-household house”) (hereinafter “instant exchange contract”). Article 1 of the instant exchange contract provides that “E, while completing exchange registration, shall obtain ownership of the Defendant designated by A, and A shall complete the registration under the joint name of E and G (E).”

(2) Pursuant to the instant exchange contract, A completed the registration of ownership transfer with respect to the instant F real estate in E and G name on August 1, 2012, and E was based on the sale and purchase of the instant multi-household housing on July 31, 2012, Seoul Western District Court (Seoul Western District Court No. 43603, Aug. 1, 2012).

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