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(영문) 서울고등법원 2018.06.22 2017나2016004

보상금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a general constructor who is engaged in civil engineering and building projects, and B was employed as the chief of the Plaintiff’s legal team on June 22, 2010 and was promoted to a director around June 201 and served as the head of the management planning office and the head of the legal team until January 2013.

B. 1) C around March 2004, each of the real estate listed in the separate sheet No. 1, its own ownership (hereinafter “instant real estate”).

) The trade name was changed to the Plaintiff, Korea Development Co., Ltd. (hereinafter “Co., Ltd.”) and “Co., Ltd. co., Ltd.’s partnership.”

hereinafter referred to as "cosent containers"

2) The Korea Land Company and the Korea Land Company were changed to the Korea Land Company and the Korea Land Company were changed to the Korea Land Company.

hereinafter referred to as “here construction”).

) A sales contract was concluded for sale to the Plaintiff (hereinafter referred to as “three persons including the Plaintiff”) and, in the event of a common term for the construction of the Plaintiff, cooperation containers, and Korea-Japan, “three persons”.

2) On March 19, 2004, the Plaintiff et al. filed an application for provisional disposition on March 25, 2004 (hereinafter “the provisional disposition order of this case”) with the Seoul Eastern District Court 2004Kahap495 to preserve the right to claim the transfer registration of ownership under the above sales contract, and on March 19, 2004, the Plaintiff et al. received a decision accepting the application for provisional disposition on March 25, 2004 (hereinafter “the provisional disposition order of this case”). Accordingly, on March 30, 2004, the registration of each of the provisional disposition of this case was completed (hereinafter “the provisional disposition registration of this case”).

C. Around October 23, 2009, the instant real estate was incorporated into the instant project area in Seosung-si (hereinafter “instant project”). A around November 2010, around November 201, determined the sales price for the instant real estate to KRW 1,729,679,630 with respect to the Defendant, who is the project executor, and the instant real estate, as the project executor, and entered into a sales contract by agreement for acquisition (hereinafter “instant sales contract”).

1. The Defendant, who is the owner of the instant real estate in relation to the payment of the purchase price of the instant sales contract, is C and the purchaser.