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(영문) 서울고등법원 2017.12.19 2017나2014596
소유권이전등기
Text

1. The plaintiff's appeal and the first and second preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On February 27, 2003, Namyang-si, E, F, G, and H (the land of this case was included in the land listed in the separate sheet through division, merger, etc.; hereinafter referred to as “instant land”). D entered into a sales contract with the Defendant for the purchase of the instant land at KRW 7.2 billion (hereinafter referred to as “instant sales contract”), and entered into a sales contract with the Defendant for the purchase of the instant land at KRW 7.2 billion (hereinafter referred to as “instant sales contract”), and the seller entered into a sales contract with the Defendant and the buyer as D (hereinafter referred to as “instant sales contract”), and paid the Defendant the down payment KRW 7.20 million to the Defendant on the day of the contract.

B. The Plaintiff is a regional housing association that was established for the purpose of a multi-family housing construction project in the Namyang-si, Namyang-si, and was authorized to establish an association on April 30, 2003, and D was in the position of the president of the Plaintiff association at the time of formulating the instant sales contract.

C. On September 11, 2012, the Defendant completed the registration of ownership transfer for each N, etc. on the land listed in [Attachment List Nos. 4, 5, and 6], based on the gift made from September 4, 2012, and completed the registration of ownership transfer for the land listed in [Attachment List No. 7] on November 19, 2013 to theO on the ground of the exchange made on November 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-8, Gap evidence 11-1, the purport of the whole pleadings

2. The assertion and judgment

A. In addition to the Plaintiff’s assertion, a sales contract (No. 1-1) stating the Plaintiff as the buyer is prepared in relation to the instant sales contract, as well as a sales contract (No. 1-1) stating the Plaintiff as the buyer, and as the representative of the Plaintiff, D explicitly and explicitly indicated the fact that the instant sales contract was concluded, or D knew or could have known that it was concluded as the Plaintiff’s representative, and thus, the parties to the instant sales contract are not individuals but the Plaintiff.

However, the contract of this case is concluded.

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