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(영문) 서울남부지방법원 2015.03.20 2013가합1717
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as the representative director of C Co., Ltd. (hereinafter “C”), operated the company and took overall charge of the business affairs of the said school juristic person on July 1, 1996, taking office as the chief director of D of the said school juristic person. In relation to the operation of the said school juristic person, the Plaintiff was investigated on suspicion of occupational embezzlement, etc. in relation to the operation of the said school juristic person, and the Plaintiff, upon the Defendant’s assistance that was an executive officer of C, was

B. On December 1, 1998, the Plaintiff and the Defendant promised to sell the instant real estate owned by the Plaintiff to the Defendant in the purchase price of KRW 490,000,000,000,000,000 on the date of the promise, and upon the conclusion of the promise, sell the instant real estate to the Defendant in the purchase price of KRW 49,000,000,000,000,000 on the date of the contract, and to pay KRW 488,00,000,000 on December 7, 1998, and KRW 5,000,000 on January 12, 1999, respectively.

C. On December 8, 1998, the Plaintiff completed the provisional registration of this case on the ground of trade reservation on December 1, 1998 in the Defendant’s future, and left Indonesia on January 16, 1998.

On December 3, 1999, the Defendant filed an application for conciliation against the Plaintiff for the implementation of the principal registration procedure based on the provisional registration of this case with the Seoul Southern District Court 99M37124, by asserting that the Defendant concluded a sales contract for the real estate of this case with the Plaintiff and paid the purchase price of KRW 490 million in full. The said decision became final and conclusive upon receiving a decision in lieu of conciliation, such as the content of the application, on December 28, 1999.

(hereinafter “Related Adjustment Case”). Accordingly, on June 2, 200, the defendant completed the registration of ownership transfer of this case based on the provisional registration of this case on January 12, 1999.

E. At the time of the provisional registration of this case and the transfer of ownership, Yangcheon-gu Seoul E, Seoul, the size of 140.6 square meters and F.

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