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(영문) 서울고등법원 2018.02.22 2017나2047091
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The basic facts are almost the same as the corresponding part of the judgment of the first instance, except for the portion of L’s payment of KRW 300 million to L, the portion of repayment of the Plaintiff’s repayment of the secured obligation, etc. of the instant establishment registration to our bank. A.

Although the defendant's representative director C and two other persons are indicated as "C and two other persons" in the buyer's column of sales contract (certificate No. 1), the above two persons later seem to have been omitted from the buyer as follows.

Since Sep. 18, 2002, Korea was working in Yongsan-gu at the time of Mangsan-si from D on Sep. 18, 2002, but was changed to Mangsan-dong due to administrative district change on May 16, 2005.

Although the sales contract for approximately 3,93 square meters among approximately 5,644 square meters before E is indicated as 3,99 square meters, it seems that it is 3,96 square meters in light of the area divided and registered thereafter.

Of these, the part payments of KRW 50,000,000,000 for KRW 1,208 square meters (one million per square year) was agreed to substitute the secured obligation of the two mortgages established on the said land for succeeding to the secured obligation of the two mortgages.

Accordingly, around October 9, 2002, C succeeded to each obligation against F and G's high-sea livestock cooperatives (a total of KRW 742,00,000,000), which is the secured obligation of the right to collateral security established on the above land, and completed the registration of change of the right to collateral security with it as an obligor. On May 9, 2003, C completed the registration of change of the right to collateral security with it as an obligor. Around May 9, 2003, C paid each of the above obligations with the loans granted by an agricultural cooperative on the above land

Accordingly, the registration of establishment of each establishment of the above-mentioned Mayang Livestock Industry Cooperatives was cancelled on May 27, 2003.

B. On October 9, 2002, the land category E was changed to the warehouse site on March 9, 2005, and the former land category E was changed to the 3,996 square meters and H.

On December 26, 2002, the land category before E was changed to a miscellaneous land on July 27, 2007, and the land category before E was changed to a miscellaneous land on July 27, 2007.

1,490 square meters and 2,506 square meters before J.

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