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(영문) 서울고등법원 2015.10.22 2014나54894
손해배상
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

. The transfer contract of equity claim(A) A* the case number of real estate claim(2) : the lot number of land in the case(2012Gahap16907): The above D and B enter into a share transfer contract with respect to real estate in the above case number(s).

1. A shall transfer to B, and pay to B, the KRW KRW 30 billion out of the shares of the above case 30%.

2. At the same time as the winning of the case No. 2012Gahap16907, the transfer of shares takes effect, and after the next sale of the above real estate to a third party, or in receipt of compensation, A shall pay the former cost of detention to B. If the above real estate case has been lost, A shall transfer to B the real estate litigation case equivalent to the cost of KRW 100,000,000, which is in progress.

3.After the end, A shall be obligated to report the progress of the case to B and shall be dealt with by mutual consultation.

6. A shall pay KRW 100 million per gold day out of the total KRW 300 million to be paid to A by B, and the remainder shall be paid to A by June 30, 2012. A.

The Defendant is a person who operates the “E” while working as a law firm’s office. On May 21, 2012, the Plaintiff paid KRW 300 million to the Defendant, and the Seoul Central District Court 2012Gahap16907 case (hereinafter “instant lawsuit”) in which the Plaintiff paid KRW 300 million to the Defendant, and had been pending at the time of the lawsuit from the Defendant, filed a claim against the Republic of Korea for cancellation of registration of ownership preservation, and the Defendant is not the Plaintiff of the instant lawsuit.

In favor of the winning party, a contract for the transfer of equity claims (hereinafter “instant contract”) was concluded to the effect that the Defendant would receive the shares of the rights or interests to be acquired by the winning party.

The main contents of the instant contract are as follows.

B. According to the instant contract, the Plaintiff remitted each of the Defendant KRW 10 million on May 21, 2012, KRW 100 million, KRW 100 million on June 18, 2012, and KRW 10 million on July 10, 2012.

(c).

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