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(영문) 서울고등법원 2016.04.21 2015나22672

가등기에 기한 본등기절차이행청구

Text

1. The judgment of the court of first instance is modified as follows.

The defendant is paid KRW 180,000,000 from the plaintiff.

Reasons

1. Basic facts

A. On June 25, 2009, the Plaintiff, from C, D, and E, purchased the Plaintiff’s debt of 3.3 billion won (agricultural cooperative KRW 3 billion, KRW 3 billion, KRW 300 million, and KRW 1.1 billion, from the Plaintiff purchased the Plaintiff’s payment on June 25, 2009, of the land for the instant cartel and 4 lots of land for the instant cartel, and of 54.7 square meters of land for the Nam-gu Incheon Metropolitan City H road (hereinafter collectively referred to as the “instant cartel and 5 lots of land”).

B. At the time, the registration of ownership in the name of C and D was completed with respect to each one/2 shares of the instant telecom, and the provisional registration of the right to claim for share transfer was completed with respect to D 1/2 shares in the name of E, one of the children of E, but in fact C, D, and E (hereinafter the above three persons at the same time, the original owner was jointly operating the instant telecom.

C. On July 28, 2010, the Plaintiff entered into an exchange contract with the Defendant’s Dong-J (hereinafter “Defendant, etc.”) representing the Defendant as to the act of acting for the Defendant at the same time with the Defendant and the J (hereinafter “Defendant, etc.”). At the same time, the Plaintiff entered into an exchange contract (hereinafter “instant exchange contract”) with the Defendant, etc., under the status of not completing the registration of ownership transfer under the name of the Plaintiff, and each real estate listed in the separate sheet owned by the Defendant (hereinafter “each real estate of this case”) other than the instant arel, etc., in the form of not completing the registration of ownership transfer under the name of the Plaintiff, and the real estate listed in the separate sheet owned by the Defendant (hereinafter “each real estate of this case”) other than 917 square meters in Kancheon-gun, Gyeongcheon-gun, and 10 square meters in total, and the Defendant, etc. shall accept the above loan

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 4 evidence (including additional evidence; hereinafter the same shall apply) and all pleadings.