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(영문) 서울서부지방법원 2018.07.19 2017나40874
동업관계청산금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff was the owner who completed the registration of ownership transfer on December 27, 1980 with respect to the land Seodaemun-gu Seoul Metropolitan Government E (hereinafter “E”) and completed the registration of ownership transfer, and was holding the right to sell an apartment to be newly constructed as a unit of F new town redevelopment project. The Plaintiff, who is the Defendant, was the owner who completed the registration of ownership transfer on May 18, 2009 with respect to the Seoul Mapo-gu C apartment 101 Dong 1503 (hereinafter “C apartment”).

B. As to C apartments, the registration of ownership transfer was completed on October 2, 2009 under the Plaintiff’s name on October 2, 2009, and as to E’s land, the registration of ownership transfer was completed on October 1, 2009 under the Defendant’s name on October 26, 2009.

C. At that time, C Apartments had been residing in the lessee on the condition of KRW 120 million, monthly rent of KRW 400,000,000, and there was a set of a collateral security right of KRW 72 million (50,000,000,000,000, the maximum debt amount of the Bank of Korea Standards (the maximum debt amount of KRW 52,000,000).

E land was set up a collateral security right of KRW 160,8240,000 (the actual collateral amount of KRW 140,000,000) for the National Bank for the purpose of securing relocation expenses.

On November 6, 2012, the Plaintiff prepared a sales contract (Evidence No. 1-1) that sells C apartment in KRW 150 million to the Defendant (hereinafter “instant re-sale contract”) on November 6, 2012, and completed the registration of the right to claim partial transfer of ownership in the name of the Defendant on November 7, 2012.

E. After doing so, the Defendant filed a lawsuit against the Plaintiff seeking the implementation of the procedure for ownership transfer registration based on the purchase and sale contract as of November 6, 2012 with the Seoul Western District Court Decision 2015Da24990, the Seoul Western District Court Decision 2015Da2490, the Plaintiff filed a lawsuit against the Plaintiff. The Plaintiff’s lawsuit is the defense that the above sale and sale contract is null and void as a false declaration of intention or a false declaration of intent by deception and the agreement between

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