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(영문) 서울고등법원 2015.12.30 2014나2043609
임대료 대위 청구의 소
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts are without dispute between the parties, Gap evidence 3, Eul evidence 6-1 through 5, Eul evidence 8-1 through 3, Gap evidence 11, Eul evidence 20, Gap evidence 21, Gap evidence 22-1 (the same as Eul evidence 31), 2, Eul evidence 25 (the same as Eul evidence 32), Eul evidence 30-1 through 5, Eul evidence 5-1 through 8, Eul evidence 6, Eul evidence 10-1, 2, Eul evidence 11, Eul evidence 12, Eul evidence 17, Eul evidence 21, Gap evidence 21, Eul evidence 21, Eul evidence 20, Eul evidence 221, Gap evidence 221, Eul evidence 221, Gap evidence 221, Gap evidence 221, Gap evidence 2221, Gap evidence 2222, Gap evidence 2222, Gap evidence 222 of the court of the first instance, and Eul's digital judgment's results of fact inquiry.

D The name of the administrative district was changed from July 1, 2010 to Jinhae-si I, Changwon-si before the merger he owned.

F The F had been combined with JJ 231 square meters and K 615 square meters around December 8, 2003 with the F 208 square meters in the city of JJ 800 square meters and the F 1,054 square meters in the area was divided on December 10, 2003, and the area was changed to 800 square meters in the area.

G Large 254 square meters and H large 421 square meters (hereinafter collectively referred to as “instant land”) around February 5, 2009, when the instant land was combined, and the land was finally 1,475 square meters in Jinhae-si.

On the ground, while construction of business facilities and apartment houses (hereinafter “instant building”) had experienced financial difficulties, on December 31, 2004, the Defendant borrowed KRW 600,000,000 from the Defendant (hereinafter “the instant loan”) at the rate of 3% per month, the rate of delay damages, 5% per month, and the due date on March 31, 2005. On the same day, the Defendant entered into a sale security contract (hereinafter “sale security contract”) with the following contents.

Sales Security Agreement

1. The instant sale security contract between D and the Defendant on the instant building and the instant land, which is its site, contains the parcel number of the instant land, which is the site of the instant building, and the instant building. As such, this is the instant building and the instant building.

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