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(영문) 대법원 2015.05.06 2013다28636

소유권이전등기 등

Text

Of the part against the Plaintiff (Counterclaim Defendant) of the lower judgment, real estate No. 17 of the attached Table 1 of the lower judgment shall be considered as real estate.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal by the Plaintiff (Counterclaim Defendant)

A. As to the ground of appeal No. 2, the lower court is limited to the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) based on the adopted evidence.

(1) On June 28, 2002, Q, Defendant D, and Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) (hereinafter “Defendant”) are the owners of the instant tenement house and the owner of the building.

B B In the event that the Plaintiff completed the construction and completion of the instant apartment house 19 units on the said housing site, five households among them shall own Q Q, including the shares of Defendant D and B, and the remaining 14 households shall be transferred to the Plaintiff. After completing the registration of ownership preservation, Q, Defendant D and B shall obtain loans from the Plaintiff to each household of the instant apartment house and repay the remainder to the Plaintiff with priority, and deposit the remainder into the Plaintiff. Within seven days for the household which was sold in the instant apartment house, the Plaintiff shall complete the registration of ownership transfer under the name of the buyer or occupant within the period of seven days, and the loan to the unsold household shall be borne by the Plaintiff. In full view of the above facts, Defendant D and B shall have agreed to transfer the housing site of this case to Q principal and to bear interest on the housing site of this case. Since the Plaintiff sold the housing site of this case to the Plaintiff and then sold it to the Plaintiff, Defendant D and B shall be appropriated for the remainder of the land payment to be disposed of by the Plaintiff within the scope agreed to be owned by the Plaintiff’s household in accordance with the above agreement.