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(영문) 의정부지방법원 2017.05.12 2016나59809
명의개서절차이행 청구의소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s establishment background 1) C D church around June 27, 2013 (hereinafter “D”).

B) Between D and D, the land of Gyeonggi-gu E and 13 parcels (hereinafter “instant real estate”).

A) A sales contract was concluded to purchase KRW 2.7 billion. At the time, the ownership of the instant real estate was under the name of K, a pastor belonging to D. 2) C agreed to jointly develop and sell the instant real estate and distribute profits therefrom; around July 23, 2013, with F, F, G, and H, an infant of C, to purchase and sell the instant real estate in KRW 2.7 billion from D, and the F agreed to sell the real estate as part of the amount of the pertinent agreement to transfer ownership to 186.95 square meters (hereinafter “the instant L”) and multi-family housing building reinforced to the above ground-based building (hereinafter “the instant agreement”) and to pay the pertinent real estate as part of the amount of KRW 3.3 billion (hereinafter “the instant agreement”), and the registration of the instant real estate to be paid as part of the amount of the instant agreement to the auditor.

3) On July 26, 2013, J, the ASEAN, filed for the registration of ownership transfer of the instant L land with K’s wife M. On August 5, 2013, the name of the owner of the instant L room was changed from J to M on August 5, 2013. 4) In accordance with the instant joint project agreement, H on August 8, 2013, as the representative director, G as the auditor, and the Defendant was established for the purpose of housing construction, real estate development, and sale.

B. A dispute between C and F arises between F and Defendant, C, and H around November 2013. As to the instant joint project agreement, the instant agreement was transferred to K, the owner of the instant real estate.

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