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(영문) 서울고등법원 2007.03.02 2006나44984

소유권보존등기말소등

Text

1. The appeal by Defendant E shall be dismissed;

2. Of the judgment of the first instance court, the part against Defendant C, F, I, J, and N shall be revoked.

Reasons

1. Under the basic facts, the following facts do not conflict between the parties, or are the whole purport of Gap evidence 1-1 to Eul evidence 6, evidence 1-1 to evidence 8-16, evidence 18-1 to evidence 16, evidence 20-1, evidence 22-2, evidence 11, evidence 25, evidence 26, evidence 35, evidence 36-1 through 3, evidence 41, Eul evidence 1 to Eul evidence 5, evidence 12-3, evidence 15, evidence 2-1 to Eul evidence 4, evidence 2-1, evidence 1-3, evidence 2-3, evidence 1-1 through 4, evidence 1-1 to 3, evidence 1-1 to 1-3, evidence 1-1, and evidence 1-1 to Eul, and evidence 1-1 and witness 1-2 of the court of first instance as a whole.

(1) On July 1993, Y made an agreement between YA and Z (the trade name of July 1, 1997 was changed to “AM,” hereinafter referred to as “Z”) on the sale and purchase of land to provide YA (which was later divided into AA and AB; hereinafter referred to as “the land No. 1”) and AC (hereinafter referred to as “the land No. 2”), and the Z entered into an agreement on the sale and purchase of land at the rate of 50:50 by carrying out the construction of the land No. 1 and 2, and dividing the sale and purchase price into YA in the name of AD between Y and Z.

Shell Y was appointed as director of the above company on August 21, 1993.

Z, on the land of this case No. 2, the construction work was conducted after obtaining a construction permit to build the AI bridge (hereinafter referred to as the "Buk-dong"), which is a multi-family house with 12th floor above the ground of this case.

On July 21, 1994, the Z sold the land Nos. 1 and 2 of this case and the land No. 2 of this case to the Plaintiff in the form of KRW 500,000,000, and the remaining KRW 30,000 as the contract deposit per contract, and the remainder of KRW 470,00,000 as the contract bond of this case was completed, the Z concluded a sales contract with the Plaintiff to pay in kind the nine households of this case.

x) The plaintiff filed against Y with respect to land No. 1 in this case.