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(영문) 서울고등법원 2016.07.20 2016나2008600
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Defendants’ acquisition, etc. of the instant land by the Defendants are couples and wifes, and between the Korea Land and Housing Corporation on December 28, 2006 and the Korea Land and Housing Corporation on December 28, 2006, and between the Korea Land and Housing Corporation and the Korea Land and Housing Corporation (hereinafter “instant land”).

On November 23, 2009, Defendant D entered into a sales contract to purchase, and completed the registration of ownership transfer on the instant land in the future on November 23, 2009. (2) On November 23, 2009, Defendant D borrowed KRW 3 billion from the National Federation of Fisheries Cooperatives (hereinafter “NF”) on the loan of the purchase fund of the instant land from the National Federation of Fisheries Cooperatives (hereinafter “NF”) (hereinafter “the instant loan”), Defendant D completed the registration of creation of mortgage on the instant land in the future of the Suhyup, with respect to the maximum debt amount of KRW 3,933,800,000 for the instant land, Defendant D and the mortgagee.

B. (1) Defendant D, around July 16, 2012, is liable for the registration of provisional seizure on the instant land (hereinafter “the development of the World Industry”).

(2) As between the division, the execution agency contract and the sales agency contract (hereinafter referred to as the “instant agency contract”) between the World Industry Development and the execution agency contract (hereinafter referred to as the “instant agency contract”) for the execution of new construction and sales of accommodation facilities and neighborhood living facilities

(2) On April 4, 2013, the instant agency contract was concluded and notified to the Development of the World Industry on April 29, 2013. (2) The declaration of intent to terminate the instant agency contract is null and void, and Defendant D has a claim for the enforcement commission fee of KRW 881,119,00 according to the instant agency contract. As to the instant land, the provisional attachment registration was completed on June 4, 2013, by asserting that Defendant D has a claim for the enforcement commission fee of KRW 881,119,00 under the instant agency contract

(hereinafter “instant provisional seizure”) C.

Defendant D, with F on April 18, 2013, entered into a promise to sell and purchase the instant land, and on May 2, 2013, he/she entered into a provisional registration for the right to claim ownership transfer and the principal registration.

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