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(영문) 서울고등법원 2015.10.21 2015나1682
소유권이전등기 등
Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff’s claim against Defendant B and Defendant C and D.

Reasons

1. Basic facts

A. The defendant company that purchased the building of the defendant company is the defendant company's 10.2. 18. 18. 18. 1. 1. 1. 1. 1. 1.

building under E and F on the ground in Gunposi City. hereinafter referred to as "G").

B) Upon purchasing KRW 3,00,000, the down payment shall be KRW 300,000,000 which has already been paid, and the intermediate payment shall be KRW 1,800,000 which has already been paid, and the remainder amount shall be KRW 900,000,000 which shall be settled and paid after sales. (b) The former representative director of the Defendant Company, who granted the power of representation concerning G sales, held office as the representative director from January 7, 2002 to January 7, 2005.

When several legal disputes arise due to the registration of initial ownership made in the name of G with respect to each of the stores of G, the company agreed to concentrate on the litigation for the cancellation of each of the above registrations of initial ownership, and made the Defendant C to take full charge of all of the affairs pertaining to the sale fund construction and the execution of construction cost related to G on December 23, 2002. Accordingly, on December 23, 2002, the Defendant Company designated Defendant D as the representative of the Defendant Company: (i) the use of the representative of the Defendant Company; (ii) the delivery of all all documents on the completion of the construction of G building and the transfer of ownership; (iii) the payment of the purchase price; and (iv) the progress and execution of the new construction. (iii) The Plaintiff and the Defendant Company’s husband’s sales contract concluded on October 109, 202 with the Defendant Company and the Plaintiff’s husband, including the sales contract No. 1010, Oct. 16, 2002; and (iii) the Plaintiff’s sales contract No. 1018.

Upon entering into a contract for purchase in lots, the date of the contract shall be stated retroactively on October 10, 2002, which is the date of the conclusion of the contract for sale in lots with the former 109, 110, and 111, and the down payment of KRW 358,870,000 shall be written down, and the intermediate payment of KRW 30,000,000,000.

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