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(영문) 서울고등법원 2012.06.28 2011나17771
지분이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 130,600.

Reasons

1. Basic facts

A. 1) The Plaintiff was established around October 200, and since November 200, the real estate listed in the separate sheet (hereinafter “instant land”) was established by the Plaintiff from November 200 to November 200.

A) Some of the companies engaged in waste collection, transportation, and disposal business, and the Defendant is a company engaged in real estate leasing and sales business, and the Defendant is a company Co., Ltd. (hereinafter “C”) on December 18, 2008.

2) On September 16, 2004, the Plaintiff and SPC (hereinafter “E”) entered into a contract with C to purchase KRW 8,800,000 of the instant land from the Plaintiff and EPC (hereinafter “the first sales contract”). On September 17, 2004, the Plaintiff and EPC maintained the contents of the first sales contract and reduced the sales amount to KRW 8,000,000 (the intermediate payment to KRW 800,000,000, the intermediate payment to KRW 3,200,000, the remainder, 4,000,000,000,000).

3 The Plaintiff’s 300,000,000 won on September 16, 2004, which was the date of the first sale contract, to C, for the same year.

9. Each payment of KRW 100,000,000 shall be made on October 10, 2004; KRW 70,000,000 on October 4, 2004; KRW 26.70,000,000 on October 10 of the same year; KRW 10,000 on February 10, 199; and KRW 10,000 on November 10 of the same year; and KRW 10,000,00 on November 10 of the same year.

4) Meanwhile, among the down payment of KRW 800,000,000 under the first sales contract, the Plaintiff paid KRW 400,000,000 to the Plaintiff and the Plaintiff did not pay the down payment at all, and the Plaintiff notified the Plaintiff of the cancellation of the first sales contract on September 24, 2004 (hereinafter “instant sales contract”) thereafter, the Plaintiff and C of the Plaintiff and C of the first sales contract to purchase KRW 4,00,00,00,000 from the instant land in sequence from the Plaintiff around September 2005, the first sales contract was amended (hereinafter “instant sales contract”), and the first sales contract was concluded at the time of the first sales contract (hereinafter “instant sales contract”).

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