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Reasons
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(영문) 대전고등법원(청주) 2017.09.19 2016나12206
소유권이전등기말소
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1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet 1 is used as the site and building of the “K pent” (hereinafter “instant pent”) and each real estate listed in the separate sheet 2 as indicated in the separate sheet 3 as indicated in the separate sheet 1 as indicated in the separate sheet 3 as follows: G, E, G, and I as “C, etc.”; and each real estate listed in the separate sheet 1 through 4 as indicated in the separate sheet 1 as “the first real estate of this case”; and each real estate of this case is used as the site and building of the “K pent” (hereinafter “instant pent”); the Plaintiff and C around June 2014, entered into an agreement with the Plaintiff and C to divide the operating revenue.

B. On November 18, 2014, each of the instant real estate sales contracts was formulated with the purport that “the Defendant purchases each of the instant real estate from C, etc. in total at KRW 800 million” (hereinafter “the instant sales contract”) and the specific intermediate payments or remainder payments for convenience, payment timing, etc. are as follows:

The purchase price was determined as KRW 1 billion on the ground that the purchase price was determined as KRW 201,000,000,000,000,000, but the sales contract was concluded at KRW 800,000,000,000,000,000,000,000,000 won

A seller’s total contract deposit of KRW 136,60,00 won in intermediate payment of KRW 1.5 million in KRW 1.5 million in intermediate payment of KRW 1.7 million in KRW 1.77 million in KRW 93,050,000 in KRW 93,050,710,000 in KRW 3,340,00 in total, KRW 16,950,000 in KRW 120,000 in KRW 1,20,000 in total, KRW 16,950,000 in KRW 1,50,000 in KRW 1,50 on November 24, 2017.

C. On November 25, 2014, each of the instant real estate in each of the instant case, “the registration of ownership transfer in the name of the Defendant for the reason of the instant transaction, such as the entries in the purport of the claim.”

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