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The judgment below
The part concerning the conjunctive claim is reversed, and this part of the case is remanded to the District Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The court below held that the plaintiff's conjunctive claim added at the court below was invalid as the ground for the registration of preservation of ownership in the name of the defendant as to the building of this case is null and void, and thus the defendant is obligated to implement the registration procedure for ownership transfer based on the restoration of real name as to the plaintiff who acquired the building of this case, and rejected the defendant's assertion that the registration of preservation of ownership in the name of the defendant is valid registration in accordance with the substantive relations, since the plaintiff and the defendant agreed to vest ownership in the defendant around August 207.
2. However, we cannot accept the judgment of the court below for the following reasons.
The judgment below
The reasons and records reveal the following facts.
(1) On August 5, 2002, the Defendant purchased the instant land from the Plaintiff and requested the Plaintiff to lease it to the Plaintiff, and purchased the instant land on August 5, 2002 by borrowing KRW 600 million from the National Bank.
The Defendant, on August 7, 2002, set the lease deposit amount of KRW 50 million with respect to the instant land, the lease term from August 7, 2002 to August 7, 2007, and the lease term of the instant land from December 7, 2002 to December 7, 2002 (referred to as “the date of December 7, 2012,” in the lower judgment, appears to be a clerical error), with the amount of KRW 7 million per month for six months from August 7, 2002, the subsequent six months to KRW 10 million per month, and the subsequent six months to be leased at KRW 12 million per month.”
(2) At the time of the conclusion of the instant lease agreement, the Plaintiff and the Defendant concluded a registration of preservation of ownership of the building under the name of the Defendant when the Plaintiff constructs a new building on the instant land, and the Plaintiff completed the registration of preservation of ownership of the building.