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(영문) 서울고등법원 2019.02.20 2016나2077408
손해배상(기)
Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s claim against the Defendants added by this court.

Reasons

1. Basic facts

A. The parties concerned and Defendant C are those who inherit each one-third share of the land located in Seodaemun-gu Seoul, Seoul, E, and F, and each of the above buildings (hereinafter collectively referred to as “instant real estate”) and one-third share of the above land (G succeeded to the remaining one-third share), and Defendant B is the seat of Defendant C.

B. On June 21, 200, Defendant C purchased 1/3 shares of G ownership on the instant real estate from G on June 21, 200, and completed the registration of ownership transfer on July 19, 200. H purchased 2/9 shares of the instant real estate from Defendant C on January 6, 2003, and completed the registration of ownership transfer on February 20, 2003 (hereinafter “instant shares”).

(2) On December 20, 2004, Defendant B completed the registration of creation of a neighboring mortgage with respect to the instant shares owned by H on December 20, 2004, with the maximum debt amount of KRW 390 million, and with the debtor H.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) C.

(1) On January 18, 2005, the Plaintiff completed a provisional registration with respect to the instant share (hereinafter “provisional registration of this case”).

(2) On March 18, 2014, the Plaintiff entered into a sales contract with H for the instant share (hereinafter “instant sales contract”). In relation to the instant sales contract, there are different sales contracts between the Plaintiff and H as follows.

The indication of real estate sales contract (Evidence B No. 4): Seodaemun-gu Seoul Metropolitan Government purchase price: KRW 750 million: KRW 210 million: KRW 50 million: KRW 50 million: KRW 540 million shall be paid on March 18, 2014.

Matters of special agreement

1. The principal registration of the sale of real estate due to the provisional registration of this case was completed. 2. On the register, the maximum debt amount of the instant case 390,000,000 won shall be succeeded by the Plaintiff.

3. The plaintiff succeeds to the claim amount No. 48,443,329 on the registry of the I Bank No. 48,443,329.

b. 4. H shares 22% 92,400,000 out of the rental deposit. The Plaintiff is the Plaintiff.

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