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(영문) 서울고등법원 2016.09.01 2015나11108
손해배상 등
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

Basic Facts

The relevant plaintiffs (V) of the parties, H (W), I (X) and Y (Z) are brothers and sisters.

Defendant B (the initial trade name was AA, but Jro, Co., Ltd. on February 20, 2003 and as of October 22, 2003, respectively; hereinafter referred to as “Defendant Company”) is a company that purchased all Plaintiff’s share in the E building on the 15th ground level above the Seoul Jung-gu, Seoul and the 15th ground level above the 2nd ground level below (hereinafter referred to as “E building”) from the Plaintiff as follows, and the Ga building on the 16th ground level above the 2nd ground level above the 2nd ground level above the 2nd ground level below (hereinafter referred to as “G building”; hereinafter referred to as “each building of this case”).

Defendant C is a person who was appointed as a representative director on November 5, 2012 and has been registered as a resignation on February 25, 2014, on the register of corporate register of the Defendant C.

On March 20, 1984, with respect to the ownership relation and management status of each building of this case, the Plaintiff completed the registration of ownership transfer on the ground of sale and purchase on March 14, 1984, with respect to the 6/10 shares of E building and 270/840 shares of G building, H and I (hereinafter “H”) of the Plaintiff’s living together, and 2/10 shares of E building and 90/840 shares of G building, respectively.

H, etc. entrusted the Plaintiff with all rights to dispose of each ownership share in the instant real estate on October 9, 1998, including the sale and lease of each ownership share.

Around June 20, 2003, the Defendant Company, including the conclusion of each of the instant sales contracts, alleged that the date of the actual conclusion of the instant sales contract was June 22, 2003, but it is not sufficient to recognize it only by the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it otherwise.

The Plaintiff entered into a sales contract with the intent to purchase 6/10 shares of the E building and 270/840 shares of the G building (hereinafter “each of the instant sales contracts”) and paid the purchase price to the Plaintiff on the same day.

The defendant company as of June 20, 2003, which was around the time of entering into each of the instant sales contracts.

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