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(영문) 서울고등법원 2016.08.16 2015나28168
양수금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. Each of the revised or added parts of the judgment of the court of first instance is deemed to be “each of KRW 70 million” as “each of KRW 50 million”; “each of the remaining claims amount of KRW 57,208,857” as “each of KRW 57,208,857 [i.e., KRW 70 million - KRW 12,791,142 [i.e., KRW 25,582,285 won/2] of KRW 37,208,857 [i.e., KRW 50 million] of each remaining claim amount of KRW 37,208,857 [i.e., KRW 12,791,142 + KRW 25,582,285 won/2]; and

In the fourth judgment of the first instance court, "No. 1" in the first instance judgment shall be deemed "No. 5".

Once the first instance judgment is dismissed, the following shall be added to the fourth 18th :

The actual value of the 2nd real estate owned by the Plaintiff is about KRW 170 million. However, the value of the 1st real estate owned by the Defendants is merely KRW 20 million, and the difference remains below KRW 150 million. The Defendants made a registration of the creation of the 2nd mortgage of this case to E immediately after the exchange contract of this case. This is because the Defendants agreed to pay KRW 50 million each of the 2nd real estate to D, as stipulated in the exchange contract of this case (as stipulated in subparagraph 1 of paragraph (1)).

According to the evidence No. 5, on August 22, 2007, the transaction value at the time of the registration of transfer of ownership in the name of D on August 22, 2007 is KRW 360,000,000 at the time of the registration of transfer of ownership in the name of D on August 22, 2007, and the registration of creation of mortgage in the name of Han Bank Co., Ltd. was completed on August 22, 2007, which is the transfer of the exchange contract of this case as KRW 24,400,

However, the testimony of Gap's evidence Nos. 1 through 3 and witness E of the party concerned alone leads to the difference between the first and the second real estate in KRW 150 million, as alleged by the plaintiff, or the defendants are liable to D or E for each of KRW 50 million.

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