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(영문) 서울고등법원 2018.02.21 2017나2052642

소유권이전등기

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for this part of the reasoning is that the court’s reasoning is as follows: (a) the 6th 6th son of the judgment of the court of first instance (“2 sales contract”) is “the 1st 6th son”; (b) the 10th son “land” is “the 2nd son”; and (c) it is identical to the corresponding part of the judgment of the court of first instance in addition to the fact that “the 10th

2. Determination as to the cause of claim

A. According to the facts based on the determination as to the claims against Defendant A and B, barring any special circumstance, Defendant A is obligated to pay the remainder of KRW 720 million pursuant to the First Sales Contract to the Plaintiff, and at the same time, Defendant B is obligated to pay the remainder of KRW 1.362 million pursuant to the Second Sales Contract, and to perform the procedure for ownership transfer registration as to the second land.

B. In light of the relationship between the Plaintiff B and C, and the timing when the provisional registration of this case was completed, etc., the provisional registration of this case was completed in order to prepare for the Plaintiff to seek preservative measures, etc. while disputing the cancellation of the second sale contract, and thus, constitutes a false declaration of conspiracy, and thus, constitutes a false declaration of conspiracy.

B) Defendant C entered into a secondary sales contract to raise the business funds of husband J. Defendant C, and the Plaintiff did not pay any balance to Defendant C as collateral and did not borrow money. Defendant B completed the instant provisional registration as collateral to Defendant C and borrowed KRW 740 million in total from Defendant C from December 27, 2016 to January 16, 2017. Thus, the instant provisional registration does not constitute a false declaration of conspiracy. (2) The instant provisional registration does not constitute a false declaration of conspiracy. (3) In full view of the following circumstances acknowledged by adding the overall purport of arguments in each of the items in the evidence No. 2 (consolidated 2017Na2052659) and the evidence No. 6, it is reasonable to deem the instant provisional registration as a provisional registration by a false declaration of conspiracy.

Therefore, it is true.