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(영문) 서울고등법원 2016.10.19 2016나2028499

소유권이전등기

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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On January 30, 2013, the Defendant entered into a sales contract with C to purchase a total of 2,910 square meters of the purchase price for KRW 7,470,000,00,000,000 for three parcels of land owned by C (2,910 square meters in total, including D 530,000 square meters, E, 871 square meters in size, and F 1,509 square meters in size (hereinafter “instant sales contract”).

As to the remaining price of KRW 1,470,00,00 under the instant land sales contract, the Defendant issued to C a sales contract to the effect that the Defendant fully paid the sale price for three units of the first floor of the commercial building designated by C among the commercial buildings to be newly constructed on each of the above lands. In the event that a balance is paid to C, the Defendant agreed to enter into the sales contract to return the said contract, and the Defendant paid only KRW 100,000,000 out of the remaining price of the said contract

On July 5, 2013, the Defendant completed each registration of ownership transfer on three parcels of land subject to the instant land sales contract.

B. Around that time, the Defendant purchased G large 232 square meters in the vicinity of three lots of land which is the object of the instant land sales contract as owned by the Promotion Construction Co., Ltd. (hereinafter “Promotion Construction”), and completed the registration of ownership transfer on the said land on July 5, 2013.

C. Three parcels of land and the said G site, which are the object of the instant contract for the sale of land, have been built of two parcels of land, including D large 1,260 square meters (hereinafter “instant D”) and H large 1,308 square meters (hereinafter “H land”). On the instant D land, I building (hereinafter “instant I building”) was newly built on the instant H land and received approval for use on March 27, 2015, respectively.

Plaintiff

B. On April 19, 2013, the Plaintiff and C had four units, including 104 of the instant I building and 102, 109, 114 of the J building (hereinafter “each of the instant units of real estate”) between the Defendant and the Defendant.