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(영문) 서울고등법원 2007.10.11 2007나5221

소유권이전등기등

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. The following facts may be found either in dispute between the parties or in full view of the purport of the arguments in Gap evidence Nos. 3, 2, and 8-1, 2, 3, 9, 12, and 14-1, 2, 8-1, 8-1, 3, and 8-1, and 8-1, and the witness K's testimony.

On September 1, 1997, the networkF, with D Co., Ltd. (hereinafter “D”) that was seeking to purchase GJ land at Kimpo-si and build apartment buildings, sold a total of KRW 3,251 square meters (983 square meters) in the area of each land listed in the annexed land list (hereinafter “instant land”) at KRW 1,966,60,000, and agreed to remove obstacles to land before the second intermediate payment, and thereafter received KRW 983,00,000 in total with the down payment and the second intermediate payment pursuant to the aforementioned contract.

B. After that, as D renounces the above apartment construction business in the state that the remaining amount of KRW 983,00,000 under the above contract was unpaid, the Plaintiff entered into a contract with H Co., Ltd. (hereinafter “H”) on November 5, 199 to acquire the right to purchase G-il land, including business rights and the instant land, from D around November 24, 199 through a sales service contract with H Co., Ltd. (hereinafter “H”) and an agency contract between the said company and I (hereinafter “I”). The Plaintiff paid the above acquisition price to H on November 24, 199.

C. Around December 2002, the Plaintiff, who was faced with liquidity crisis, entered into a contract with J Co., Ltd. (hereinafter “J”) and other construction companies to implement the business with the J as an executor. On March 7, 2003, the J purchased from F in addition to the instant land at KRW 66,70,000 in total size of 66,70,000.

As other construction companies waive their business, the Plaintiff sold all rights related to the development project, such as land under the contract with the land owner in Kimpo-si, Kimpo-si, at KRW 51 billion, among the J on July 7, 2003, and the down payment is KRW 7 billion on the date of the contract.