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(영문) 서울고등법원 2015.05.01 2014나44668

지분환급금반환등

Text

1. The change in exchange between the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Plaintiff)’s appeal and the trial.

Reasons

1. Process of litigation and matters to be judged in the trial;

A. The Plaintiff initially filed a principal lawsuit, and (1) as the primary claim based on the premise that the Plaintiff and F had a partnership relationship, filed a claim against the Defendants, co-defendant C, and D for the registration of ownership transfer on each real estate listed in the separate sheet, and the Defendant B for monetary payment. ② Under the premise that the Plaintiff and F entered a title trust agreement with respect to one-half share of each of the above real estate, the Plaintiff filed a claim against the Defendants, co-defendant C, and D for the registration of ownership transfer on one-half share of each of the above real estate, and the Defendant B for monetary payment.

As to this, Defendant B filed a counterclaim against the Plaintiff.

The original claim is the primary claim: The first real estate stated in the separate sheet (hereinafter referred to as “the first real estate of this case”)

As to Defendant B, Defendant B’s co-defendant C of the first instance trial on the ground of the restoration of the true name, the co-defendant C of the first instance trial on the ground of the sale on December 14, 2004, performed each procedure for the registration of ownership transfer on the ground of the sale on December 14, 204 to the Plaintiff, and the real estate Nos. 2 and 3 in the separate sheet (hereinafter

As to Defendant B, Defendant B performed each procedure for the transfer of ownership on the ground of the restoration of real name, to Co-Defendant D of the first instance trial, and Co-Defendant D of the first instance trial fulfilled each procedure for the transfer of ownership on the ground of sale on January 7, 2005 with respect to the real estate Nos. 2 and 3 of the instant case to the Plaintiff. The real estate No. 4 in the separate sheet (hereinafter “instant 4 real estate”).

As to B, Defendant B made Defendant E on the ground of the restoration of the true title, Defendant E fulfilled each of the procedures for the transfer of ownership based on the sale as of December 3, 2003 to the Plaintiff.

Defendant B shall pay to the Plaintiff KRW 38,343,196 as well as the amount of KRW 5% per annum from December 14, 2011 to October 15, 2013 from the date of service of a duplicate of the claim and the cause of alteration, whichever is later, to the date of full payment.