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(영문) 서울중앙지방법원 2014.01.10 2013가합517025
소유권말소등기
Text

1. Defendant C is the Hongcheon District Court Hongcheon Registry on September 29, 2008 with respect to the real estate listed in the attached Table 1 list to Plaintiff A.

Reasons

1. Facts of recognition;

A. On June 5, 2008, Plaintiff A entered into a sales contract with G, and G, according to the attached list Nos. 1, 2, and 3, the ownership of the said Plaintiff, and the real estate listed in the attached list Nos. 1, 2, and 3, the Plaintiff B (hereinafter referred to as “real estate of this case”; all of the real estate of this case; hereinafter referred to as “each of the real estate of this case”), including the real estate listed in the attached list Nos. 1, 2, and 3, which is owned by the said Plaintiff, were sold at KRW 50 million for the price, and KRW 50 million for the down payment, and the intermediate payment KRW 2.2 billion for each contract was entered into on September 3, 2009 (hereinafter referred to as “the entire land of this case”).

B. On June 10, 2008, Defendant C established I Co., Ltd. I (hereinafter “I”) in order to create and sell a house for the entire land of this case.

And G and Defendant C were appointed as the representative director of the above company.

C. The Plaintiffs received only KRW 550 million down payment. (2) In order to smoothly carry out a comprehensive sales contract with F on June 25, 2008, Plaintiff A entered into an agreement with F on June 25, 2008, stating that “The Plaintiff shall immediately transfer each of the instant real estate among the said real estate subject to the said sales contract, and F shall immediately return each of the said real estate to Plaintiff A if the intermediate payment is not possible (hereinafter “instant agreement”).

On June 27, 2008, Plaintiff A entered into a joint investment development agreement with I on June 27, 2008 to delegate the authority to develop and sell the entire land of this case to the above company (hereinafter “instant joint investment development agreement”).

E. The plaintiffs 1 are entitled to registration of ownership transfer with respect to each of the instant real estate to E who entered into a title trust agreement with F at F’s request.

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