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(영문) 서울중앙지방법원 2017.11.24 2016가합513796

소유권말소등기

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1. Of the instant lawsuit, each transfer of ownership against Defendant C and Defendant D Co., Ltd. is registered.

Reasons

1. Basic facts

A. On July 9, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with the Plaintiff and Defendant B Co., Ltd. (hereinafter “instant land”). Around May 13, 2015, the Plaintiff’s representative director E and Defendant B-1, who was the representative director of Defendant B, drafted a sales contract with the following terms (hereinafter “instant sales contract”) in the name of the Plaintiff and Defendant B (hereinafter “instant sales contract”).

The Plaintiff and Defendant B entered into a land sales contract and implement it in good faith as follows.

Article 1 Land Subject to Sales Contract: The land sale price shall be paid as follows. The land sale price shall be paid for KRW 1,700,000 at the time of installment payment of KRW 1,100,000 when the installment payment of KRW 1,700,000 at the time of installment payment of KRW 1,100,000 at the time of installment payment of KRW 1,40,000 at the time of installment payment of KRW 1,10,000 at the time of installment payment of KRW 1,00,000 at the time of installment payment of KRW 2 at the time of installment payment of KRW 3,40,000 at the end of September 15, 2015

Article 3 (Transfer of Land Ownership and Transfer of Corporation) The land subject to sale is transferred under the name of Defendant B, and at the time of receipt of the balance of land purchase price, Defendant B shall actually complete the registration of transfer of land ownership to the Plaintiff. However, at the request of the Plaintiff, Defendant B may transfer the land to the Plaintiff, who is a landowner, in substance, at the time of the Plaintiff’s request. In such a case, the above paragraph

3) In the event that a corporation is transferred to the Plaintiff pursuant to the foregoing paragraph (2), the corporation is practically transferred according to the following items at the time of the payment of the balance. < Amended by Act No. 100% of the corporation’s shares (2) The transfer of corporate identification cards, seal imprint books, ③ the representative director of the corporation, the submission of the certificate of resignation of directors, and the cancellation of the contract under Article 5 and damages 1) In accordance with