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Reasons
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(영문) 서울중앙지방법원 2019.02.14 2017가합558727
소유권이전등기
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1. The defendant shall hold 1/2 shares of each of the real estate listed in the attached list to the plaintiff on November 24, 2008.

Reasons

1. Basic facts

A. The Defendant is a person who owns the share of 128.82/429.9m2, D large 431.4m2, the share of 129.57/431.4m2, and one-fourths of the buildings located on each of the above lands (hereinafter “instant building”) (hereinafter “each of the above Seoul Gangnam-gu land and CD land, and the instant buildings, referred to as “each of the instant real estate”), and the Plaintiff is the representative director of E (hereinafter “State E”).

B. (State) E entered into a lease agreement with the defendant and other co-owners of the building of this case on the second and third floors of the building of this case (hereinafter “the lease agreement of this case”). The lease agreement of this case was renewed and continued until the date of the closing of argument of this case, and according to the lease agreement entered into between (State) E, the defendant and other co-owners of the building of this case (from May 1, 2007 to April 30, 2009: the lease deposit amount is KRW 135 million and the monthly rent is KRW 6.95 million.

C. On July 16, 1998, the Plaintiff and the Defendant continued the instant lease agreement, concluded a sales contract with the purchase price of KRW 730 million for the entire shares of the Defendant among each of the instant real estate (hereinafter “the first sales contract”). Around that time, the Plaintiff paid KRW 380 million to the Defendant out of the purchase price of the first sales contract.

The Plaintiff and the Defendant drafted a written agreement on June 12, 200, and terminated the first sales contract and concluded a second sales contract again (hereinafter “the second sales contract”). The main contents of the said agreement are as follows.

Agreements

1. Object of sale: All the defendant's shares among each of the real estates in this case;

2. On July 21, 1998, the Plaintiff and the Defendant concluded a contract with the Plaintiff on July 21, 1998, but the contract is terminated as of June 12, 200, and the agreement is to be prepared again.

3. (Agreement Terms) The same agreement between the Plaintiff and the Defendant on July 21, 1998.

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