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(영문) 대전고등법원 2016.04.01 2015나2414
소유권말소등기 등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial after remand.

Reasons

1. Basic facts

A. On April 8, 2010, the Plaintiff, upon obtaining permission for mountainous district conversion (hereinafter “instant mountainous district conversion”) with respect to the land listed in the separate sheet Nos. 1, 3, and 4 as indicated in the separate sheet from the Seosan market, newly constructed gas stations and charging stations on each land listed in the separate sheet (hereinafter “instant land”). On April 8, 2010, the Defendant sold to the Defendant the right to permission for the said land including the instant land and the instant permission for mountainous district conversion at KRW 2 billion. The Defendant paid the Plaintiff KRW 400 million out of the price in cash, and the remainder KRW 1.6 billion to the Plaintiff, which is the secured debt of the right to collateral security on the instant land (hereinafter “Sstekex”), had the Plaintiff’s obligation of KRW 1.2 billion (hereinafter “Stekex loan obligation”) and the Plaintiff’s obligation of KRW 1,500,000,000,000,000,000 won (hereinafter “Korea Bank”).

B. According to the instant sales contract, the Plaintiff completed the registration of ownership transfer for the instant land on April 9, 2010, and changed the name of the instant permission for conversion on July 22, 2010, and the Defendant also paid KRW 400 million to the Plaintiff from April 8, 2010 to April 21, 2010, while taking over KRW 1.2 billion with the consent of Sstek-Tex on June 23, 2010.

C. As a result of the settlement of the instant sales contract on May 27, 2011, the Plaintiff and the Defendant settled the accounts, the Defendant, at the time of the instant sales contract, shall pay the Plaintiff a debt of KRW 1.966 million to our banks that occurred under the Plaintiff’s name.

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