beta
(영문) 서울중앙지방법원 2014.04.30 2011가합58836

소유권이전등기말소 등

Text

1. The plaintiffs' respective lawsuits against defendant E and F are dismissed.

2. The plaintiff A:

A. Defendant K. H.

Reasons

1. Facts of recognition;

A. 1) The Republic of Korea Co., Ltd. (hereinafter “Defendant P”) is the Defendant P Co., Ltd. (hereinafter “Defendant P”).

) From Geumcheon-gu Seoul, the sum of 31 lots of land, including Geumcheon-gu, 57,033 square meters (hereinafter “the requisitioned land”).

On April 23, 1983, Defendant P entered into a contract with the deceased O and T on the transfer of the right to repurchase the instant requisitioned land and all the rights incidental thereto. 2)O and T on November 4, 1996, U.S. transferred 35,000 square meters out of the instant requisitioned land to U under Article 20-2 of the Act on Special Measures for Readjustment of Requisition (hereinafter “Special Measures for Readjustment of Requisition”) to KRW 14,00,000,000.

(hereinafter “instant contract with U.S.”). The main contents of the said contract are as follows:

Article 5 (Implementation of Procedures Following Conclusion of Contracts)O, when notification of a negotiated contract is received from the Republic of Korea, T shall implement necessary procedures, such as all documents, to ensure that U does not impede the conclusion of a negotiated contract with the State.

Article 6 (Adjustment Following Change in Area) Where part of the area belonging toO, T, or U's rights is used for public projects after the conclusion of this Agreement byO, T, or U, the area corresponding thereto shall be allocated from the shares ofO, T, or T.

In the event that Article 11 (Compensation following Termination of a Contract)O or T violates subparagraph 1 of Article 10 (Compensation after Termination of a Contract) and this contract is terminated due to the reason that it has been in violation of subparagraph 1 of Article 10, and where it is difficult for the State to utilize it as a project site for public projects, etc., theO or T shall compensate for the full amount of the down payment and intermediate payment received from U U, and U shall waive the down payment and intermediate payment paid to O or T when the contract is terminated in violation of subparagraphs 2

3O and T transferred 3,700,000,000 won of the requisitioned land of this case to V on December 12, 1996, and V transferred 3,700,000,000 won of the requisitioned land of this case. < Amended by Presidential Decree No. 14358, Oct. 14, 1996>