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(영문) 서울고등법원 2018.07.20 2017나2074093
청구이의
Text

1. The judgment of the first instance, including the plaintiffs' claims added by this court, is modified as follows.

Reasons

1. Facts of recognition;

A. The building listed in the [Attachment 1] List No. 1 (hereinafter “instant building”) was originally registered for ownership transfer in G’s name. However, on September 19, 2007, the registration of ownership transfer was completed due to trust in the future on the K non-Real Estate Trust Co., Ltd., and on June 27, 2013, on the ground of sale as of February 13, 2013, the Defendant (at the time, at the time, the “Co., Ltd. Partnership Group” was changed to the trade name as of September 26, 2013.

It is only called “Defendant” without distinguishing before and after the change of the trade name.

() The registration of ownership transfer in the name and the registration of ownership transfer in the name of Codefendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. on June 27, 2013 (Evidence 4. 2) subsequently, on October 24, 2013, the Defendant registered the right to claim ownership transfer on the buildings listed in the attached list, including the instant building (hereinafter collectively referred to as “instant building, etc.”), but completed the principal registration based on the above provisional registration on August 24, 2016, and completed the registration of ownership transfer based on the said provisional registration on August 26, 2016.

(A) On the other hand, on the other hand, on April 11, 2011, the name-based corporation (hereinafter “name-based company”) concluded a sub-lease contract of KRW 200 million with the Plaintiff Company B (hereinafter “Plaintiff Company”) on May 10, 201, with respect to the instant building, and thereafter, the Plaintiff Company (the representative director of the Plaintiff Company) operated the instant building with the trade name “H” (Evidence 1-3 and 6) of the instant building. Since that time, the Plaintiff Company A, the representative director of the Plaintiff Company, operated the instant building with the Plaintiff Company’s trade name “H” (Evidence 1-3 and 6). The process surrounding the instant building and the final judgment of the instant case) Company C from the Defendant on June 27, 2013.

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