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(영문) 수원지방법원 2015.11.26 2014나32066
소유권이전등기 이행청구 등
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim shall be dismissed.

3. The plaintiff as added at the trial.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a mutual golf course with the trade name “AV” in Ansan-si AT and AU Il-si, and the Defendant is a staff member who works for the Plaintiff’s office, etc.

Plaintiff

A company purchased land for the construction of a golf course with the Defendant, and entered into a title trust agreement (hereinafter “instant title trust agreement”) with the content that the ownership of the land is the Defendant.

B. On August 6, 2007, the Defendant entered into a sales contract with the co-defendant F (3/7 shares), G (2/7 shares), and D (2/7 shares), a co-defendant of the first instance trial, who is the co-owner of Q. Q. Q. 16,562 square meters in Ansan-si, with a total of KRW 700 million in the purchase price of the above land, and the Plaintiff paid the said seller the purchase price in full. The Defendant completed the registration of ownership transfer under the name of the Defendant on September 13, 2007 with respect to the above land. The above land is the land listed in paragraph (1) of the attached Table (hereinafter referred to as “instant land”) on May 6, 2010, and the entire term “each of the instant land” is referred to as “each of the instant land.”

(2) On August 2, 2011, the Defendant entered into a sales contract with the co-defendant E (2/3) of the first instance court, a co-defendant of the Republic of Korea, the co-defendant of the Republic of Korea (2/3 shares), and H (1), 218, 250,00 won of the purchase price of the said land, and (2) on July 27, 2007, the Defendant entered into a sales contract with the Plaintiff, a co-defendant of the first instance court, the co-defendant of the Republic of Korea (2/3 shares), the co-defendant of the Republic of Korea (1/3 shares), the co-defendant of the Republic of Korea (1/3 shares), the co-defendant of the Republic of Korea (1/3 shares), the co-defendant of the AC woodland of the Republic of Korea, the number of 3769 square meters of the said land, and the purchase price of the said land as KRW 1,218,250,000,00.

The plaintiff paid the total purchase price to each of the above sellers, and the defendant completed the registration of ownership transfer in the name of the defendant as to each of the above land on July 27, 2007 and August 14, 2007.

2.3

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