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(영문) 서울중앙지방법원 2020.07.16 2018가단5189317
소유권이전등기
Text

1. The plaintiff's part of the lawsuit demanding cancellation against the defendant B and C shall be dismissed.

2. The plaintiff's defendant corporation.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) purchased an investment-value real estate and sold the share of the pertinent land in lots. Upon completion of the sale, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) has been acting on behalf of the buyer for procedures such as division of the relevant land, subdivision, and permission for development on behalf of the buyer. The Plaintiff has served as the head of the business division of the Defendant Co., Ltd.

B. The employees of the Defendant Company received certain amount of incentives from the Defendant Company in return for the performance of the business of selling real estate purchased in the name of the Defendant Company to the customers. To receive more incentives, the employees of the Defendant Company gave priority to the instant company by concluding a sales contract on a specific land between the instant company and paying the down payment and intermediate payment under the name of a third party, and concluded a new sales contract between the genuine purchaser, and conducted a business by concluding an agreement on the existing sales contract and returning the down payment and intermediate payment.

C. Since the employees of the instant company in the process of such a land priority point, etc. used the name of a third party, the Plaintiff and the Defendant E entered into a sales contract by lending the name of a relative relative or branch, etc., and have dealt with the affairs such as the payment and return of down payment, etc. by using their accounts in their names.

[Ground of recognition] There is no dispute, Eul has written evidence Nos. 2 and 8, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff and Defendant E, together with each other, have been granted the real estate listed in the separate sheet of this case by the Defendant Company. Since the Plaintiff and Defendant E verify each real estate listed in the separate sheet of this case, their value, and the Plaintiff and Defendant E secure the sale of the goods and raise the result of sales.

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