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(영문) 서울고등법원 2017.02.08 2016나2042457
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendants acquired real estate 1) The Yongsan-gu Seoul Metropolitan Government Land of Yongsan-gu from H on February 28, 2008 (hereinafter “instant Land 1”).

2) As well as D & D 789.4m2 (hereinafter “instant land”)

(A) the real estate listed in the separate sheet (hereinafter referred to as “instant building”) established

() The part of the 3-story of 813.95 square meters ( sales facility 781.44 square meters, electric machinery room 32.51 square meters) and the part of 132.18 square meters (parking lot) of underground 2-story of 3 floors (hereinafter “the part of the instant sectional ownership”).

(2) Of the 9,187.2/9,461.3 shares (Defendant A6,431.04/9,461.3 shares, Defendant B, 2,756.16/9,461 shares) among the 9,187.2/9,461.3 shares (Defendant A, 6,431.04/9,461.3 shares, and Defendant B, 2,756.16/9,461.3 shares) were registered for transfer of ownership on the grounds of sale on the same day from H on February 28, 2008.

B. On October 4, 2010, the Plaintiff and the Defendants: (a) entered into a sales contract with the Plaintiff on the instant sectional ownership and the Defendants’ shares in the instant land, with the purchase price of KRW 2.5 billion (excluding the land portion of KRW 1.8 billion and the value-added tax on the building portion of KRW 700 million). (b) The Defendants received the said purchase price in full; and (c) on November 5, 2010, completed the registration of ownership transfer on the Plaintiff’s sectional ownership and the Defendants’ shares in the instant land of KRW 1 on October 4, 2010.

C. On April 12, 2011, the Plaintiff acquired the remainder of the sectional ownership of this case from I, for the same day, completed the registration of ownership transfer for the share of 13.51/946.13 of the sectional ownership of this case and shares of 2.32/918 of the land of this case among the sectional ownership of this case. On November 12, 2013, the Plaintiff purchased shares of 13.9/946.13 of the sectional ownership of this case and shares of 2.38/918 of the land of this case from the deceased JJ’s heir on the same day.

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