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(영문) 서울고등법원 2017.10.12 2015나2074822
매매대금 등
Text

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

The plaintiff's primary and conjunctive claims against the defendants.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the first instance court’s reasoning, except for the parts which are dismissed or added as stated in the second instance court’s decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts 4 to 16 of the judgment of the court of first instance which dismiss or add shall be as follows:

(j) In full view of the above circumstances, the Defendants are obligated to respond to the Plaintiff’s primary claim or to respond to the Plaintiff’s preliminary claim, even if not, as seen below.

1) In the first place, the sale and purchase agreement between the Plaintiff and the Defendant B on April 27, 2012 regarding the instant real estate was concluded with the aim of providing convenience in obtaining a loan from the Red Dai Farming Cooperative as collateral without the agreement between the Parties on the transfer of real rights. As such, as it constitutes a type of security trust agreement, the agreement between the Plaintiff and the Defendant B is not effective, and the ownership transfer registration as of May 2, 2012 pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name is invalid. Therefore, Defendant B is obligated to implement the procedure for the registration of cancellation of ownership transfer registration for the instant real estate as of April 27, 2012, which was completed as of May 2, 2012 as of the Plaintiff on the ground of sale and purchase as of April 27, 2012. Meanwhile, Defendant C conspired with Defendant B, in collusion with the Plaintiff, did not inform the Plaintiff of important information about the possibility of the cancellation of the registration of ownership transfer under the name of the Defendant C.

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