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(영문) 서울고등법원 2015.10.07 2015나2028683
소유권이전등기말소
Text

1. The appeal by the counterclaim defendant is dismissed.

2. The costs of appeal shall be borne by the counterclaim Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The parties to the counter-party is the wife of the counter-party, C.

B. On September 25, 2008, on the instant real estate for which the registration of ownership transfer was made in the name of the counter-resident with respect to the instant real estate, a sales contract was made in which the seller was comprised of D and two persons, and the buyer was the counter-resident, and the buyer was KRW 700 million. The said sales contract was made in the form of a sales contract (hereinafter “instant sales contract”). On November 6, 2008, E and D, with respect to each of the instant real estate from November 6, 2008, 1/4 shares of the instant real estate, from F, the registration of ownership transfer was made in the name of each counter-resident with respect to 2/4 shares of the instant real estate from September 25, 2008.

C. 1) On April 9, 2013, the counterclaim Defendant filed a claim against the counterclaim Defendant, such as cancellation of ownership transfer registration, etc.

(2) The Plaintiff filed a lawsuit against the Plaintiff, including the cancellation of ownership transfer registration on the ground of the termination of a title trust agreement between the Defendant and the Counterclaim Plaintiff (hereinafter “instant previous lawsuit”) with the Incheon District Court Branch Decision 2013Kahap3025 (a).

(2) On January 1, 200, the counterclaim Defendant and the counterclaim agree as follows with respect to the instant real estate. On September 9, 201, the counterclaim Defendant and the counterclaim agree to enter into an agreement for dispute resolution on the instant real estate. On September 1, 200, the counterclaim Defendant agreed to deposit KRW 50 million out of the total amount of the board cost of directors to be paid to the counterclaim to the counterclaim, as of September 9, 2013, into the passbook of the counterclaim. The KRW 100 million is to be paid by the bank on the date on which the ownership transfer registration was made under the name of the counterclaim Defendant (the date on which the copy of the register changed under the name of the counterclaim Defendant is issued, and the remainder of KRW 100,000 is to be paid by the bank on the date on

2. The Counterclaim Plaintiff shall receive the remainder of KRW 100 million within one month after receipt.

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