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(영문) 서울고등법원 2018.11.01 2017나2073847
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The Plaintiff, H and the Defendant, and F, owned the land of 1,177 square meters, C 1,50 square meters, and D 2,843 square meters and D 2,843 square meters. As to each of the above land, the provisional registration of the right to claim transfer of ownership was completed on December 1, 2005, which was the establishment registration of neighboring mortgage holders and the Defendant and F, the obligor, E, E, the maximum debt amount of 1,270,000 square meters, and the registration of the creation of superficies as of December 7, 2005 and the registration of the right to claim transfer of ownership under the Defendant’s name on December 15, 2005.

In addition, the ownership of J was 2,489 square meters and K 2,182 square meters prior to the I of Gyeonggi-gun, and the registration of creation of a mortgage on each of the above lands was completed on November 22, 201, consisting of the mortgagee, the debtor J, the maximum debt amount of 400,000 won.

(hereinafter collectively referred to as “each of the instant lands.” On February 18, 2013, according to H’s proposal, the Plaintiff drafted a transfer contract with the Defendant and F as follows (see, e.g., evidence A2):

(hereinafter referred to as the “instant contract”). The transferor: The defendant, the transferee: the plaintiff, and Article 1 of the H: the transferor shall transfer to the transferee the claim of KRW 1.27 billion, the claim of KRW 1.77 billion, and the right of provisional registration held by the J, and the transferee shall take over the claim of KRW 1.27 billion, and the right of provisional registration held by the Gyeonggi-gu G, D, and C, the transferor.

§ 2. The assignee shall, at the same time as the above contract, effect an auction, lawsuit, consultation, etc. of the above land entrusted by the transferor and transfer it to the assignee after the transferor has acquired it.

(No later than 15 days after the acquisition of the transferred land) Article 3: The total amount of acquisition shall be KRW 1 billion, including the claim of the transferor in Gyeonggi-gu I, K, and L, and KRW 100 million at the time of the contract shall be paid to the transferor, and a transferee shall pay the transferor a balance of KRW 900,000,000,000,000,000 won if

If this is violated, the assignee of all the rights and the down payment under this contract.

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