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(영문) 서울고등법원 2015.11.11 2015나11788

소유권말소등기

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, as the representative director of C Co., Ltd. (hereinafter “C”), operated the company and took overall charge of the business of the said school juristic person on July 1, 1996, taking office as the president of D of the said school juristic person. In relation to the operation of the said school juristic person, the Plaintiff was investigated on suspicion of occupational embezzlement, etc. in relation to the operation of the said school juristic person, and the Plaintiff, upon receiving the Defendant’s assistance, was to deduct the property and escape abroad.

B. On December 1, 1998, the Plaintiff and the Defendant promised to sell the instant real estate owned by the Plaintiff to the Defendant in the purchase price of KRW 490,000,000,000,000,000 on the date of the promise, and upon the conclusion of the promise, sell the instant real estate to the Defendant in the purchase price of KRW 49,000,000,000,000 on the date of the contract, and to pay KRW 488,00,000,000 on December 7, 1998, and KRW 5,000,000 on January 12, 1999.

C. On December 8, 1998, the Plaintiff completed the provisional registration of this case on the ground of trade reservation on December 1, 1998 in the Defendant’s future, and left Indonesia on January 16, 1999.

On December 3, 1999, the Defendant asserted that the Plaintiff concluded a sales contract for the instant real estate and paid the purchase price of KRW 490 million in full, and filed an application for the implementation of the principal registration procedure on January 12, 1999, based on the provisional registration of this case with Seoul Southern District Court 99M37124, which was based on the provisional registration of this case. On December 28, 1999, the said decision became final and conclusive around that time after receiving a decision in lieu of the content of the application for conciliation as of December 28, 199.

(hereinafter “Related Adjustment Case”). Accordingly, on June 2, 200, the defendant completed the registration of ownership transfer of this case based on the provisional registration of this case on January 12, 1999 based on the provisional registration of this case.

E. The provisional registration of this case was made.