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(영문) 서울고등법원 2018.08.29 2017나2055917
소유권이전말소등기 절차이행 등
Text

1. The plaintiff's appeal against the defendants and the claims added in the trial are all dismissed.

2. Costs of appeal.

Reasons

1. Basic facts

A. On January 20, 2016, the Plaintiff sold to Defendant B the land indicated in attached Table 1 (hereinafter “real estate 1”).

(2) A sales contract prepared between the Plaintiff and Defendant B’s agent E at the time is indicated as “the sales price of KRW 420 million; the down payment of KRW 50 million on January 20, 2016; and the payment of KRW 370 million on February 22, 2016.”

B. On February 4, 2016, the Plaintiff also sold each of the buildings listed in the separate sheet No. 2 (hereinafter referred to as “second real estate”) to Defendant D on February 4, 2016 (hereinafter referred to as “each of the instant real estate”).

(2) A sales contract made between the Plaintiff and Defendant D’s agent E at the time of the sale and purchase (hereinafter “the sale and purchase in this case”). The sales contract made between the Plaintiff and the Plaintiff and the Defendant D’s agent on February 4, 2016 is indicated as “the sale and purchase price of KRW 370 million; the payment of KRW 250 million on the same day; the remainder of KRW 120 million on the same day; and the payment of KRW 120 million on the same day.” Meanwhile, as a special agreement, the special agreement provides that “the purchaser will succeed to the bank loan obligations owed by the seller out of KRW 120 million and the remainder of KRW 120 million, and shall be replaced with the remainder of the contract.”

C. On February 24, 2016, the Plaintiff completed the registration of ownership transfer for the first sale of real estate No. 1 (hereinafter “registration of ownership No. 1”) with respect to Defendant B, and transferred the said real estate at that time.

On the same day, Defendant B entered into a mortgage agreement of KRW 200 million with Defendant C regarding the first real estate, and on February 29, 2016, Defendant C had completed the registration of establishment of a neighboring mortgage.

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

In addition, on February 26, 2016, the Plaintiff registered the transfer of ownership of the second real estate to Defendant D on the ground of the second sale of the second real estate (hereinafter referred to as “the transfer of ownership of the second real estate”) and the first and the second ownership transfer registration.

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