(영문) 대전지방법원 2015.09.04 2015재나65

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(영문) 대전지방법원 2015.09.04 2015재나65

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1. The quasi-examination of this case shall be dismissed.

2. The costs of quasi-examination shall be borne by the defendant.

Reasons

1. Following the establishment of a protocol subject to quasi-examination, the following facts shall be apparent in the records or significant to this court:

On July 22, 2011, the Plaintiff filed a lawsuit against the Defendant on July 2, 201 against the Daejeon District Court as the following grounds for the revocation of the registration of ownership transfer under the Seosan Branch of Daejeon District Court 201da7941.

(1) On August 17, 2010, the Plaintiff entered into a sales contract with the Defendant to sell 3,807/4,000 shares of the Plaintiff’s share in the instant real estate (hereinafter “Plaintiff share”) under the condition that the Defendant bears capital gains tax in KRW 300,00,000 (hereinafter “instant sales contract”). On August 18, 2010, the Plaintiff received KRW 30,000,000 as the down payment from the Defendant and completed the ownership transfer registration (hereinafter “instant transfer registration”) with respect to the Plaintiff’s share in the Jeju District Court on September 14, 2010.

(2) On October 1, 2010, the Defendant purchased all of the above equity shares in KRW 20,000,000 (hereinafter “C equity”) from C holding 20,007 equity (hereinafter “C equity”), each of the remaining equity shares except the Plaintiff’s equity, and completed the registration of ownership transfer under the name of the Defendant as of October 5, 2010, as the Jeju District Court received on October 5, 2010.

(3) On October 7, 2010, the Plaintiff and the Defendant concluded a contract with the effect that “The instant sales contract is revoked, and the Defendant shall implement the procedure for the registration of cancellation of ownership transfer registration to the Plaintiff, and the Plaintiff shall pay KRW 30,000,000,000, which was paid to the Defendant as the down payment of the instant sales contract. The Defendant entered into a contract with the Plaintiff that “The shares in the instant real estate as KRW 20,000,000 in the purchase price shall be determined and sold” (hereinafter “instant

(4) On October 12, 2010, the Plaintiff: (a) pursuant to the rescission of the instant agreement and the sales contract, KRW 50,000 = KRW 30,000,000 that was paid to the Defendant as the down payment of the instant sales contract; and

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