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(영문) 서울고등법원 2015.09.16 2014나29713
건물철거 등
Text

1. All appeals filed by Defendants D, D, and B, E, and Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) and C.

Reasons

1. Basic facts

A. (i) ownership relationship in the separate sheet No. 6, G is awarded a successful bid on May 26, 1995, and completed the registration of ownership transfer on July 25, 1995.

on June 20, 2002, Luxembourg borrowed KRW 2.3 billion from the Plaintiff and H (hereinafter “the Plaintiff, etc.”) and cancelled all the registration of provisional seizure, etc. established on the instant site, and set up a provisional registration of first priority collective security right, superficies, and right to claim transfer of ownership with the Plaintiff, etc., and written an agreement for pecuniary loan with the purport that the name of the owner of the building constructed on the instant site shall be changed to the Plaintiff, etc., and if the said name is not fulfilled, the principal, interest (48% per annum), and damages (10% of the principal amount) shall be paid.

(hereinafter “instant agreement”). In addition, G, on July 16, 2002, issued a new certificate of personal seal impression for sale to the Plaintiff, etc. on a three-month basis, and, if not, written a statement of performance that the instant site will be transferred in the name of the Plaintiff, etc.

On July 2, 2002, according to the instant agreement, the establishment registration of a neighboring mortgage with the debtor G, the mortgagee, the plaintiff I, the maximum debt amount of KRW 1.65 million, the registration of the creation of a superficies with the plaintiff and J as the holder of the right, and the provisional registration of the right to claim the transfer of ownership with the plaintiff et al. as the holder of the right.

Applicant The plaintiff et al. did not issue a certificate of personal seal impression for sale that G delayed the repayment of the borrowed amount and did not issue a new certificate of personal seal for sale every three months. On November 26, 2002, this registration was completed on the site of this case based on the provisional registration above.

(v) On July 2005, the Plaintiff et al. notified that the total amount of the claim is KRW 3.29 billion, and that there is no liquidation amount to be paid to G by evaluating the instant site as of July 2005 as of KRW 2.17,0950,000,000, but the Plaintiff et al. notified that there is no liquidation amount to be paid to G, but on November 10, 2005, the Seoul Central District Court 2005Kaga9862 on November 10, 2005.

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