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(영문) 서울고등법원 2018.06.27 2018나451
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the registration of ownership transfer with respect to the pertinent land and the instant land (hereinafter “instant land”) of KRW 3,478 square meters in the wife population D (hereinafter “D”) and KRW 10,926 square meters in the C forest and C, and ② the claim for the registration of ownership transfer based on an agreement with respect to D and the instant land.

The first instance court dismissed all of the plaintiff's claims, and the plaintiff appealed against this.

The plaintiff withdrawn the part of the monetary claim in this court, and reduced the purport of the claim and appeal as above.

Therefore, among the judgment of the court of first instance, the subject matter of this court is limited to the claim for ownership transfer registration based on an agreement concerning 5307/109 of shares out of the land of this case (hereinafter “share of this case”).

2. Basic facts

A. On May 10, 2010, Defendant and F, etc. sold their shares in the G Co., Ltd. (hereinafter “E”) and G Co., Ltd. (hereinafter “H”) for the purpose of real estate sales business, etc. for KRW 4.2 billion in total sales amount, among the seven parcels of land, including D land (hereinafter “real estate subject to sale”).

B. E, while expressing that D land will be divided into individual parcels connected to the road, sold each part of the above land to the majority. On November 29, 2010, the Plaintiff also purchased 16 square meters from E to 25,600,000 won out of the above land, and completed the registration of ownership transfer on December 17, 2010 as to 40704/2994 out of E’s shares in the above land.

C. L, etc., an operator of E, is set up a collateral equivalent to the maximum debt amount of 1.4 billion won with respect to real estate subject to sale, and even if some shares are sold due to the impossibility of partition registration and road registration, it is intended to divide the ownership into an individual parcel connected to the road and transfer ownership.

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