소유권이전등기 말소등기 절차 등
1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:
The defendant is from the plaintiff 128,090.
1. Facts of recognition;
A. A. On February 1995, E Co., Ltd. (hereinafter “E”) started the construction of the building of 8th floor and 1st floor underground (hereinafter “instant building”) above F in Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, and the Defendant purchased the instant building of 3 billion won which was newly constructed from E on February 18, 2002.
B. G, who was appointed as the representative director of the Defendant on January 21, 2010, was practically exercising the authority to sell the instant building and receive the sale price of the instant building on behalf of H at the time of the Defendant’s representative director, since December 2002. However, around December 8, 2002 at the Defendant’s recommendation, the Plaintiff or the Plaintiff’s husband K entered into a sales contract several times with the Defendant to purchase some of the stores, such as the Plaintiff’s 109 and 111 of the instant building from the Defendant before, on December 8, 2002, after entering into the said sales contract as above, the date of the sales contract retroactive to October 10, 202.
When entering into a contract with the Defendant for the purchase of the instant building 107 through 111 won (including value-added tax; hereinafter the same shall apply), the date of the contract shall be October 10, 2002, which is the date of the conclusion of the contract for the sale of the instant building 107 through 111, the contract shall be stated as October 10, 2002, and the down payment of KRW 358,870,000 shall be paid as of October 10, 202, the intermediate payment of KRW 300,000,000 shall be paid as of December 6, 2002, and the balance of KRW 612,290,000 shall be treated as the bank at the time of completion of the contract and settlement of land (hereinafter the “first sale contract”).
C. On January 20, 2003, the Plaintiff concluded a contract with the Defendant to purchase the instant building 112 to KRW 346,80,000 through G, and agreed to pay the down payment of KRW 208,000 on the date of the contract and to pay the remainder of KRW 138,720,000 on the date of the contract and pay the remainder of KRW 138,720,00 in full.
(hereinafter “instant secondary sales contract”). D.
The plaintiff shall pay the defendant a total of KRW 1,829,870,000 as stated in the following table, and shall receive receipts, etc. from the defendant.