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(영문) 서울고등법원 2012.09.07 2011나52972
소유권이전등기말소 등
Text

1. The part against the defendant in the judgment of the first instance, including the plaintiff's claim extended in the trial, is as follows:

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1-1-2, Gap evidence 2-1-2, Gap evidence 6-1-4, Gap evidence 12-2, Eul evidence 22, Eul evidence 1-2, Eul evidence 9-1-4, Eul evidence 9-2, Eul evidence 9-2, and Eul witness Eul's testimony in the first instance trial.

(1) On May 27, 2003, the Plaintiff (1) (FF changed its trade name from December 30, 2004 to A, and changed to the current trade name on May 24, 201) entered into a sales contract between the Plaintiff and the Defendant, upon obtaining a construction permit on the two underground floors of the G building reinforced concrete structure, steel framed structure, and other steel framed structure roof in Gangnam-gu Seoul N, Seoul, and the fifteenth floor above ground (hereinafter “G building”) and the construction permit was commenced on June 23, 2003.

(2) On July 31, 2004, the Plaintiff entered into a sales contract with the Defendant with the selling price of KRW 2,981,250,000 for each real estate listed in the separate sheet Nos. 3 and 4 of the G Building (the real estate stated in the separate sheet No. 3 of the real estate No. 1,457,50,000 as stated in the separate sheet No. 4 of the real estate No. 1,523,750,000).

(3) On December 14, 2005, the Plaintiff entered into a sales contract with the Defendant with the selling price of KRW 3,010,000,000 for each real estate listed in the separate sheet Nos. 1 and 2 of the G Building (the real estate No. 1,505,00,000 as listed in the separate sheet No. 2 of the real estate No. 1,505,000 in the separate sheet No. 2 of the real estate No. 1,505,000).

(4) On March 30, 2006, the Plaintiff obtained approval for the use of the G building, and completed registration for each ownership transfer on April 17, 2006 with respect to the 17 partitioned buildings by each floor, and completed registration for each ownership transfer on July 31, 2004 with respect to each real estate listed in the separate list 3 and 4, each of the real estate listed in the separate list 1 and 2 was completed on December 14, 2005.

B. The plaintiff and the defendant entered into a sales contract on July 31, 2004 and December 14, 2005 respectively.

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