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(영문) 부산고등법원(창원) 2019.04.11 2018나13120
양수금
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. Facts of recognition;

A. A. On October 6, 2016, the Defendant: (a) the real estate sales contract between C and the Defendant entered into a real estate sales contract between C and the Defendant; (b) the sum of 1675m2 and 1675m2, E, 95m2, F forest land and 357m2, and 43m2 (hereinafter collectively referred to as “each of the instant lands”; and (c) the parcel number is limited to the case where individual land is named.

2) The term “instant sales contract” refers to the term “instant sales contract” under which the sales contract was concluded.

(2) On October 6, 2016, the Plaintiff completed the registration of transfer of ownership on October 6, 2016 with regard to the instant land E, F, and G as KRW 130 million, and each real estate sales contract with KRW 360 million with respect to the instant land as the sales price of KRW 30 million. (2) C, with respect to the instant land E, F, and G, completed the registration of transfer on October 5, 2016, with regard to the purchase price of KRW 130 million with respect to the transaction price of KRW 130 million on October 7, 2016, and completed the registration of transfer of ownership on October 6, 2016 with respect to the instant land as the trading price of KRW 100 million on October 6, 2016, and completed the registration of transfer of ownership on October 6, 2016 with respect to the instant land as the trading price of KRW 100 million on October 6, 2016.

B. On December 2, 2016, C transfer and takeover of claims between C and the Plaintiff transferred to the Plaintiff the remainder of KRW 242,537,480,000, out of the total purchase price of KRW 490,000 under the instant sales contract, and notified the Defendant of the assignment of claims. The said notification was served to the Defendant around that time.

[Grounds for recognition] The fact that there is no dispute, Gap's 1 through 4 (if there is an additional number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Under the premise that the purchase price of this case claimed by the Plaintiff is KRW 490 million in total, the Defendant’s 285,314,600 among them = The mortgagee’s 150,000 won as a collateral security holder for a loan to the H Saemaul Bank, which was owned by the mortgagee, is KRW 150,000.

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