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(영문) 서울동부지방법원 2015.07.17 2014나24688

소유권말소등기

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. There is no dispute between the parties to the basic facts, or the following facts are acknowledged in full view of each entry in Gap evidence Nos. 1 to 20, and Eul evidence Nos. 1 to 12.

A. The Plaintiff was the owner of the instant real estate among E buildings located on the ground of 3377.6m2 in Gangdong-gu Seoul Metropolitan Government, and C Co., Ltd was the owner of the third and fourth floor in an unregistered state among the above E buildings.

B. Around May 2006, G recommended the Defendant to purchase the instant real estate in order to receive compensation for reconstruction of the building E, and requested G to purchase the instant real estate. G requested that D, which was promoting reconstruction of the building E at the time, purchase the instant real estate.

(2) Accordingly, on May 24, 2006, the Plaintiff and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the Defendant’s agent as the buyer as the representative director and the representative director of D and C Co., Ltd. as the seller of the instant real estate. The Plaintiff, as the seller of the instant real estate, and C Co., Ltd. (the representative director), as the seller of the third and fourth floors in the non-construction state of E Co., Ltd., and as the seller of the third and fourth floors in the building, respectively.

1. Of buildings E located in Gangdong-gu Seoul Metropolitan Government F, the transfer price is set at KRW 2.5 billion for all the stores and land owned by “B” and the 3 and 4 floors owned by “B” Co., Ltd. (unbuilt buildings 400 square meters) among buildings owned by “B” and “A” refers to acquisition by transfer.

2. “A” refers to a down payment of KRW 200 million; “B” refers to a payment of KRW 200 million; and at the same time, “B” refers to the execution of the registration procedure for the transfer of real estate listed in the attached Table.

3. The remainder of the intermediate payment and the remainder are paid to A, “A”, after deducting the claims indicated in the separate sheet, to be paid by “A” in accordance with the progress of the said E-building project.