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(영문) 서울고등법원 2018.04.18 2017나2033016
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 10,000,000 as well as to the plaintiff on July 2016.

Reasons

1. Basic facts

A. A. Around March 3, 2001, the Defendant concluded a sales contract with the content that, around March 3, 2001, the Plaintiff would purchase KRW 15,364 square meters of land E in Sungnam-si, Sungnam-si, Sungnam-si (hereinafter “land before subdivision”), V, W, X-si 4 parcels of land, the sum of KRW 5052,000,000,000,000 for KRW 1.51,662,00,000,000,000,000 won.

On March 25, 2005, the land before subdivision was divided into KRW 11,009 square meters for E forest, Q forest, 462 square meters for Q forest, KRW 813 square meters for R forest, C forest, 685 square meters for C forest (hereinafter “instant land”) and 2,395 square meters for S forest.

As to the instant land C on April 18, 2005, the same year

3. 7. The registration of the transfer of 1/12 shares, part of U's 1/6 shares, was completed due to the partition of co-owned property.

The NetworkO died on September 27, 2008, and wife H and children I, J, and K are the successors of the deceasedO.

The network P died in September 2009, and L, M, and N are the successors of the network P.

around August 2005, D, as seen above, purchased from the networkO, etc., and subsequently sold approximately KRW 150 million to F for about KRW 320 million,00,000,000 as revised E forest in Sungnam-si, which had yet been registered for transfer of ownership. The D, who was the Defendant’s director, received a real estate sales contract from the Defendant, stating “O, P, (2) G (the Defendant representative director), purchaser, and purchase price of KRW 320,000,000.”

Article 28(1) of the Civil Act provides that “The Plaintiff shall be entitled to KRW 50 million upon the purchase of the said land and return KRW 50 million to the Plaintiff on March 2006, stating that “The Plaintiff shall be entitled to KRW 150 million upon the purchase of the said land and return KRW 250 million after the second month, in addition to the profits of KRW 50 million after the purchase of the said land,” and that “The Plaintiff shall be entitled to KRW 150 million upon the purchase of the said land and return the said land to the Plaintiff on April 206, 2006.”

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