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(영문) 부산고등법원 (창원) 2018.09.06 2018재나1002

소유권이전등기

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1. Grounds for retrial under Article 451(1)7 of the Civil Procedure Act on the statement of witness D among the lawsuits for retrial of this case.

Reasons

Around July 5, 2011, the Defendant entered into a sales contract with E to purchase each of the instant real estate in the purchase price of KRW 730 million (hereinafter “instant sales contract”).

After completing the registration of ownership transfer under the name of the defendant on August 25, 201, the defendant completed the registration of ownership transfer under the name of the defendant on September 15, 201, where the debtor on September 15, 201, the registration of ownership transfer under the name of the defendant, the mortgagee F (the husband of the plaintiff A), the maximum debt amount of which is KRW 300 million, and the registration of ownership transfer under the name of the defendant, the debtor on September 15, 201, the registration of ownership transfer under the name of the defendant, the mortgagee, the plaintiff B, and the maximum debt amount of which are KRW 150,000,000. On June 17, 2014, the defendant completed the registration of ownership transfer claim under the name of the defendant on November 21, 201 on the ground that it would be better to allow the registration to be made under the name of the former owner on the part of the defendant, the above registration of ownership transfer under the name of the defendant.

The plaintiffs and the joint plaintiff D of the first instance court (hereinafter referred to as "D") filed a lawsuit against the defendant as Changwon District Court 2014Kahap31417. The plaintiffs and D, the defendant, G, and H agreed to purchase each of the real estate of this case from E around July, 201, to invest the total amount of KRW 1 billion (i.e., KRW 730 million in development costs of KRW 270 million in the purchase price) in the amount of KRW 150 million in the development costs of each of the real estate of this case and distribute profits from developing and selling each of the real estate of this case or penting projects in the ratio of investments. The defendant agreed to conduct development activities (hereinafter referred to as "investment agreement of this case"). The plaintiffs and D, the defendant around this point, and the defendant around this point.