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(영문) 대법원 2013.12.12 2012다14876
소유권이전등기말소등기
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the judgment below and the evidence duly admitted by the court below, ① Vietnam Development Co., Ltd. (hereinafter referred to as “VSP Development”) concluded the instant sales contract with the Daejeon Mutual Savings Bank for a total of KRW 7.7 billion purchase price (or KRW 7.7 billion of the purchase price of the deceased’s land and the purchase price of the apartment: KRW 7.7 billion of the purchase price of the real estate of this case; ② Vietnam Development promoted the instant joint housing construction project on November 19, 2007 (which was the joint plaintiff of this case, but died during the first instance trial, and the plaintiffs, their wife and their children died during the period of the first instance trial) and the Plaintiff B and C (hereinafter referred to as “the deceased, etc.”) located within the business area with the beneficiary of this case (the beneficiary of this case’s land 4.7 billion won of the land, and KRW 17.7 billion of the purchase price of the real estate of this case, and KRW 17.7 billion of the remainder of the purchase price of the trust contract or trust agreement.

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