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(영문) 서울고등법원 2018.08.16 2016나2078555
유치권 부존재 확인 청구
Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

Of the real estate listed in paragraph (2) of the list, the 191.76 square meters per underground floor.

Reasons

1. Facts of premise;

A. Details of the change in ownership of real estate 1) The Plaintiff’s Intervenor’s Intervenor’s D Religious Organization E branch (hereinafter “E branch”)

[F] Social Welfare Foundation F (hereinafter “F”)

(1) On February 21, 2002, the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

B) On February 21, 2005, the building listed in Section 2 of the [Attachment List No. 2 (hereinafter “instant building”), and the total of the instant land and buildings shall be “each of the instant real estate”

(2) On September 28, 2006, F entered into a contract to sell each of the instant real estate at KRW 1 billion in the purchase price (hereinafter “instant contract”) at the D Religious Organization G Educational Meeting (hereinafter “GG D”) under the following conditions.

(1) The down payment shall be KRW 100 million, and 30 million out of it shall be paid on the date of the contract, and the remaining 70 million won on the date of the contract, respectively, on October 20, 2006.

(2) The first and second intermediate payments shall be KRW 300 million, respectively, and the first intermediate payments shall be substituted by the G Council by taking over the obligations of collateral security against FF's KY association's contribution points, and by repaying the interest on loans after the contract date, and the second intermediate payments shall be paid on November 10, 2006, and the balance of KRW 300 million on the 15th of the same month.

3) On September 28, 2006, G principal association paid KRW 30 million out of the down payment to F, and requested I registered as the representative director of F, which has caused conflicts over the F’s management rights, and B to deposit the remainder of the down payment into his own management account from the former representative director B, on October 18, 2006, the association transferred the remaining down payment amount of KRW 60 million out of the remainder of the down payment to the account requested by I, the representative director on the corporate register as of October 18, 2006, and was extended from I on October 24, 2006. On October 30, 2006, the time for payment of KRW 10 million out of the remainder of the down payment was extended by I as of October 24, 2006. The provisional registration of ownership transfer claim (hereinafter “the provisional registration of this case”).

4) The G principal shall pay the remainder of the down payment as an internal dispute between I and B.

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