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(영문) 서울중앙지방법원 2013.07.09 2011가합66424

소유권말소등기 등

Text

1. The plaintiffs' lawsuit against defendant C is dismissed.

2. The plaintiff A, the defendant E shall be 161,538,461 and the defendant E shall be 161.

Reasons

1. Facts of recognition;

A. The Republic of Korea requisitioned 57,033 square meters (hereinafter “instant requisitioned land”) from Defendant D Co., Ltd. (hereinafter “Defendant D”) on the aggregate of 31 lots of land, including Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and used it as a PP site for the Army.

Defendant D entered into a contract with Qu and R on April 23, 1983 on the transfer of the right to repurchase the instant requisitioned land and all rights incidental thereto.

B. Q and R transferred on November 4, 1996 the right to enter into a negotiated contract with Defendant N on 35,000 of the requisitioned land of this case to KRW 14,000,000.

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

Article 5 (Implementation of Procedures Following Conclusion of Contracts) Q and R, when receiving notification of negotiated contracts from the Republic of Korea, shall implement necessary procedures, such as all documents, to ensure that N does not interfere with entering into a negotiated contract with the State.

Article 6 (Adjustment Following Change in Area) If part of the area belonging to Q, R or N rights is used for public projects after entering into this Agreement, Q, R or N, the area corresponding thereto shall be allocated in Q and R's shares.

If Q and R violated Article 11(Compensation for Termination of a Contract) Q and Article 10(1), the contract is terminated, and if it is difficult for the State to utilize it as a project site for public projects, etc., Q and R shall compensate for the total amount of the down payment and intermediate payment received from N to N, and if the contract is terminated in violation of subparagraphs 2 and 3 of the same Article, N shall waive the down payment and intermediate payment paid to Q and R.

C. Q and R transferred to S on December 12, 1996 the right to enter into a private contract with respect to 20,000 of the requisitioned land of this case to 3,700,000,000, and S transferred to Q on December 14, 1996 51/100 of the right to enter into a private contract with respect to Q Q’s 20,000 of the right to enter into a private contract with respect to Q’s 20,000 of the total amount of KRW 1,850,000.

The requisitioned land of this case.