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(영문) 서울고등법원 2016.03.17 2015나2016697
소유권이전등기
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the following amount constitutes the Defendant-Counterclaim Plaintiff.

Reasons

1. Basic facts

A. On January 6, 2005, the Plaintiff (former name: B) and the Defendant concluded a sales contract with the content that the instant land E located within the land transaction permission zone was jointly purchased from D to KRW 80 million (=the balance of KRW 200 million). The ownership transfer registration was concluded after one year, and the buyer agreed to transfer the land in the name of the designated person.

Since then, the defendant completed the registration of ownership transfer on the land of this case on April 7, 2006 due to sale on March 30, 2006.

B. On June 12, 2012, the Plaintiff and the Defendant purchased 562m2 square meters (hereinafter “instant F land”) from Quju-si, Quju-si, and completed the registration of ownership transfer on June 15, 2012, each 1/2 equity.

C. G land and factory 1) On December 8, 2001, the Plaintiff included the said three parcels, including 2,701 square meters of H land for a factory on December 8, 2001, 69 square meters of I road, 2,073 square meters of J forest (hereinafter “instant G land”).

() At the time of the initial sale, HP was 4,843 square meters. However, on January 16, 2012, the land category change was made with three parcels, such as HP land 2,701 square meters, I road 69 square meters, J forest 2,073 square meters, etc. Of each of 2,490.5/4,981 square meters, the Defendant completed the registration of ownership transfer on the ground of sale as of November 12, 2001. 2) The Defendant purchased L from HK’s name the price of KRW 2,490.5/4,981 of the instant G land from the Plaintiff’s land, and completed the registration of ownership transfer under the Plaintiff’s name on August 26, 2003.

3) The Plaintiff and the Defendant, while operating a general steel manufacturing business with the trade name of “R”, committed joint investment and development of civil engineering works and new construction of factories for the instant G land, and agreed to distribute profits from resale to a new factory. On May 21, 2012, the Plaintiff and the Defendant newly constructed five single-story factories on the H ground (i.e., “A through E”; hereinafter collectively referred to as “instant G factories”).

under the name of the plaintiff.

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