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(영문) 서울중앙지방법원 2015.05.28 2013가합540087
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The Plaintiff:

A. Defendant I, L, each of which is KRW 342,63,151.

Reasons

1. Facts of recognition;

A. Before N death, Korea’s trade name prior to Defendant D’s change is “T” and its trade name was changed on November 3, 201 (hereinafter “Defendant D”).

) From Geumcheon-gu Seoul, P et al., the sum of 57,033 square meters (hereinafter “instant requisitioned land”).

(2) The Plaintiff issued a contract with N and R on April 23, 1983 to transfer the right to repurchase the instant requisitioned land and all the rights incidental thereto to N and R.C. On November 4, 1996, N and R transferred to Defendant M the right to acquire KRW 14,00,000 of the instant requisitioned land under a private contract (hereinafter “private contract”) pursuant to Article 20-2 of the Act on Special Measures for Readjustment of Requisition Property (hereinafter “Special Measures for Requisition”), and the main contents of the said contract are as follows.

Article 5 (Implementation of Procedures Following Conclusion of Contracts) N, and R, when receiving notification of a negotiated contract from the Republic of Korea, shall implement necessary procedures, such as all documents, to ensure that M does not impede the conclusion of a negotiated contract with the State.

Article 6 (Adjustment Following Change in Area) Where part of the area belonging to N, R or M rights is used for public projects after concluding this Agreement, the area corresponding thereto shall be allocated from N, R's share.

Article 11 (Compensation Following Termination of Contract) N and R shall compensate for the total amount of the downpayment and intermediate payment received from M to M in cases where the contract is terminated due to their violation of subparagraph 1 of Article 10, and where it is difficult for the State to utilize it as a project site for public projects, etc., N and R shall waive the down payment and intermediate payment paid to N and R when M is terminated due to its violation of subparagraphs 2 and 3 of Article 11.

3 N and R on December 12, 1996 pertaining to 20,000 of the requisitioned land of this case to S.

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