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(영문) 대전고등법원 2020.07.23 2020나10082
진정명의회복을 위한 소유권이전등기
Text

1. The plaintiff's primary claim that was changed in exchange at the trial and the conjunctive claim are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff and H (hereinafter referred to as “Plaintiff, etc.”) entered into a sales contract with C, stating as “the sales price of KRW 480,00,000, the seller, the buyer, the Plaintiff, and the date of the contract, on June 9, 2017, on the following grounds: (a) the Plaintiff entered into a sales contract with C to purchase each real estate listed in the separate sheet owned by C in the Plaintiff’s name (which means three parcels of land listed in attached Table 1 through 3 and six factories listed in attached Table 1 through 4 through 9; hereinafter “each of the instant real estate”).

B. In order to raise the above purchase price, the Plaintiff et al. purchased each of the instant real estate under the name of the Defendant, and paid the insufficient purchase price with the Defendant as a collateral, and entered into a trade agreement with the Plaintiff et al. to operate their own businesses (hereinafter “instant trade agreement”) with the Plaintiff et al. on each of the said real estate, the date of preparation was March 25, 2018, and the same trade agreement (hereinafter “instant trade agreement”) was entered into between the Plaintiff et al. and the Defendant on March 25, 2018, and the following details were deposited between the Plaintiff et al. (hereinafter “the Plaintiff et al.”) and the intermediate payment to the Plaintiff et al., and the Plaintiff et al., deposited the remainder of the loans from the Plaintiff et al. (hereinafter “Defendant”) on the credit issue of the Plaintiff et al. (hereinafter “Defendant”) until the completion of the small and medium enterprise loan, and the ownership agreement will begin with the Plaintiff et al. (hereinafter “instant trade agreement”).

Article 1 (A) and B shall be engaged in a joint business from January 2018, and the name of the business shall be determined by the meat processing and food processing business.

Article 2 Category A of Joint Business: Slaughterer processing company, and B:

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