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(영문) 서울고등법원 2015.07.09 2014나2007337
소유권이전등기의말소등기청구 등
Text

1. The plaintiff (Counterclaim defendant)'s conjunctive claim against the plaintiff (Counterclaim plaintiff) against the plaintiff (Counterclaim plaintiff)'s assignee-acquisition company in Asia.

Reasons

1. Basic facts

A. 1) The instant real estate is located in a place where the concentration of accommodation facilities in the vicinity of the “Baland,” which is a large play movable property, is behind the area where the said real estate is located and where one side of the said real estate is adjacent to the instant first line road. The Plaintiff leased the instant real estate to C the lease deposit amount of KRW 30 million and KRW 1.65 million per month prior to the conclusion of the real estate disposal trust contract under the proviso of the Plaintiff’s name, and C operated a single-type store. (2) The Defendant B, upon the delegation of the person without the name, intended to purchase the real estate located in the instant real estate and the area where the accommodation facilities located in the vicinity of the instant real estate.

Accordingly, the defendant B is entitled to:

Before entering into a real estate disposal trust contract under this subsection, it purchased the neighboring land, etc. of this case and concluded a trust contract similar to the trust contract of this case.

3) The details of the purchase of land adjacent to the instant real estate are as follows. The seller of the instant real estate subject to the instant order is as follows. The seller of the instant order is as follows: (The wife population D 677 square meters, E large 311 square meters, and the first floor underground of the above two above ground reinforced concrete tanks; F 72 square meters, G 772 square meters, H 312, 875 square meters, JJ 276 square meters, and JJ 276 square meters, and two above ground reinforced concrete tanks 7.63 square meters, K2.63 square meters, M 795 square meters, and 78 square meters, and two above ground reinforced concrete above, and accommodation facilities N267,782 square meters, P 275 square meters, and two above ground reinforced concrete structures 77,300,000 square meters, and 7,000,000 won,00 won.

B. On August 6, 2012, Defendant Asian Trust entered into a business agreement with the Intervenor (formerly: Samsung Ireland Co., Ltd.) on the disposal and trust related to the real estate purchase agency for the neighboring land including the instant real estate (hereinafter “instant business agreement”) (hereinafter “instant business agreement”).

The specific duties and responsibilities of the parties stipulated in the instant Work Convention (related to the purchase of real estate).

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