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(영문) 서울고등법원 2016.02.04 2014나52461
배당이의
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. Basic facts

A. The status of the parties is that the Plaintiff is a person operating real estate brokerage business, the J is the Plaintiff’s father’s wife, and K is the Plaintiff’s children, and G is a person running real estate brokerage business from around 2007. The Defendants are those who registered the establishment of the neighboring apartment of Gangseo-gu Seoul Metropolitan Government F apartment 101 Dong 905 (hereinafter “instant apartment”) in the name of G with the Defendants as their own right to collateral security.

B. On July 16, 2009, the Plaintiff entered into a title trust agreement between the Plaintiff and G and the Plaintiff’s purchase of the instant apartment at KRW 400 million. Among them, the Plaintiff purchased the instant apartment at KRW 180 million from H, and entered into a sales contract in lieu of the Plaintiff’s succession to the Plaintiff’s obligation to return KRW 180 million deposit against H, the lessee of the instant apartment at KRW 180 million. 2) On September 15, 2009, the Plaintiff fully borne by the Plaintiff on September 15, 2009, the purchase price of the instant apartment between G and the owner on the registry shall be borne by the Plaintiff, who entered into a title trust agreement with H to the name of G, and destroyed the sales contract that was written by H on July 16, 2009, and H completed the registration of ownership transfer under the name of G on September 15, 2009 pursuant to the new sales contract.

C. On the other hand, on February 17, 2012, the Plaintiff signed and sealed a letter of waiver of the right to the apartment of this case, stating that “the Plaintiff shall waive all rights to the apartment of this case, transfer all rights to G, not participate in all of the apartment of this case, and not demand any rights or interests,” and entered “the receipt” in the “attached document” column. The amount of “the receipt” attached to the letter of waiver of the right is received as the amount of waiver of the right, and the above amount is received as the amount of waiver of the right to the apartment of this case.

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