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(영문) 서울중앙지방법원 2015.12.04 2015나35613
소유권이전등기
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 10, 2012, the Plaintiff and A’s joint Defendant A Co., Ltd. (hereinafter “A”) in the first instance trial on April 10, 2012

A) The Plaintiff entered into a monetary investment contract with A. The main contents are as follows. The Plaintiff shall invest KRW 30 million in the Plaintiff, and KRW 240 million out of the investment amount shall be deposited into the Defendant’s deposit account, and KRW 60 million in the Defendant’s personal deposit account. The maturity date is June 10, 2012, and the amount of the investment proceeds is KRW 120 million. A is the Plaintiff as security for the investment amount, and the amount of the investment proceeds is KRW 120 million on the land (hereinafter “instant commercial building”).

(A) No. 202,203,204,205 (No. 205) are real estate listed in the separate sheet.

2) On June 10, 2012, the phrase “No. 10, 2012,” written in the Additional Agreement (No. 1 No. 3) appears to be written in writing, “No. 10, 2012,” and “No. 10, 2012.”

As to the above monetary investment contract, additional agreements have been made, and the main contents are as follows:

on June 10, 2012, the penalty for delay shall be 30 million won, if the penalty for delay has been paid due to a failure to repay the investment.

The due date shall be extended on June 30, 2012 and July 30, 2012, and the amount of redemption shall be KRW 450,000,000,000,000,000,000,000,000 won, including the investment principal and the profits, and shall be repaid on June 30, 2012, and KRW 250,000,000 on July 30, 2012.

A, by June 22, 2012, completed the preservation registration immediately after completing the instant commercial building, and completed the registration of the right to claim ownership transfer in the top priority order with respect to the instant commercial building 202, 203, 204, and 205 to the Plaintiff.

The plaintiff shall cancel the provisional registration when A redeems the investment amount.

3) A around that time, the Plaintiff received a sales contract for the instant commercial building Nos. 204 and 205 from A, and transferred KRW 240 million to the Defendant’s deposit account on April 10, 2012, and KRW 60 million to the Defendant’s representative director’s personal deposit account on April 12, 2012.

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