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(영문) 서울고등법원 2014.08.21 2013나54828
소유권이전등기말소
Text

1. Of the instant lawsuit, the claim against the Defendant B, C, and D, which was changed in exchange in the trial room, shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. On October 21, 2002, the Plaintiff, G, and F refer to the real estate listed in paragraph (1) of the attached Table No. 1 of E owned by E (hereinafter “instant land”) and the building previously constructed, not the real estate listed in paragraph (2) of the attached Table No. 2 of this case’s above ground building;

The purpose of this case is to jointly purchase J 133 square meters and K 908 square meters, and then enter into a partnership agreement with the content that the business is to obtain profits by participating in the district unit planning project conducted in the land of this case.

(hereinafter referred to as the “instant partnership”) established by the said agreement. (b)

On October 24, 2002, the Plaintiff entered into a sales contract with the purchaser of the instant land and its ground buildings owned by E as “non-party and three persons,” to purchase the said two parcels for eight billion won or more (hereinafter “instant sales contract”), and paid all the purchase price to E by February 20, 2003.

C. On February 20, 2003, the Suwon District Court's Suwon District Court's registry office and 21681 through 21684, with respect to the portion of 18,264/16,52 out of the land of this case, as to the portion of 1,676/16,52 out of the land of this case, the registration of ownership transfer was completed on the ground of each of the sales contracts of this case in the name of Defendant C, which is the husband of F, in relation to the portion of 4,959/16,52 in the name of Defendant D, who is the wife of G, in relation to the portion of 4,959/16,522 out of the land of this case.

Plaintiff

In addition, on October 7, 2003, Defendant B, C, and D leased the instant land to A&P S (hereinafter “A&D”) and the lessee concluded a lease contract with the content that the lessee would have agreed to assign the ownership of the new building to the lessor (hereinafter “instant lease contract”).

E. According to the above lease agreement, I&W is on the instant land.

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