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(영문) 서울고등법원 2016.10.06 2015나20591
소유권이전등기 등
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) B and C shall be revoked, and the Plaintiff (Counterclaim Defendant) shall be revoked.

Reasons

1. Basic facts

A. On November 27, 2012, the Plaintiff entered into a real estate exchange contract with Defendant C who represented Defendant B (hereinafter “instant exchange contract”) with the following content.

Article 1: [Report on Transfered Construction Business (To be deemed Errors in Transfered Real Estate)]

2) The Plaintiff shall transfer the following real estate owned by it to Defendant B.

The indication of one unit of building: The indication of one unit of land on H Ho-dong No. 101 (1,01.96 square meters) No. 102 (270 square meters) in G in Kimpo-si, Kimpo-si, Kimpo-si: The defendant B received the shares of each building and its site from H Ho-dong No. 102 (239.9314/461 square meters of 46,461 square meters) No. 101, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si (46,461 square meters of 46,461 square meters of 46,461 square meters of 239.9314) No. 102 (hereinafter the above building and its site shares are referred to as "the first real property of this case"), and transferred to the plaintiff the next substitute real property from I (hereinafter referred to as "I").

The indication of one unit of building: J 308 Dong 1 (32; hereinafter referred to as the "second unit of real estate in this case"): The transfer amount of the Plaintiff shall be KRW 1,200,000,000, and the remaining amount of KRW 400,000,000, and the remaining amount of KRW 350,000,000,000 shall be the remainder of the real estate amount of Defendant B's remaining real estate amount of KRW 350,00,000 and KRW 50,000,000,000.

Provided, however, the loan amount of KRW 180,000,000 out of KRW 300,000,000 and remaining KRW 120,00,00.

The acquisition amount of the third real estate in this case shall be KRW 350,000,000.

The remaining amount shall be 230,000,000 won.

The remaining amount of Defendant B’s real estate 350,000,000 won shall be exchanged with the Plaintiff’s real estate.

3) The down payment shall be KRW 25,000,000 on November 27, 2012, and the remainder shall be paid at the time of a change in the name after land transaction permission. 4) the special contract shall be made at the time of a change in the name: F and K at the time of Pakistan.

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