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(영문) 서울고등법원 2020.07.28 2019나2035238
소유권이전등기
Text

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

The defendant is paid KRW 541,238,664 from the plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Defendant and C were married in around 1982. On December 3, 2013, the Seoul Family Court confirmed the intention of divorce and divorced around that time. (2) The Plaintiff resided in the U.S. from around 2010 to around January 8, 2014 and entered the Republic of Korea on January 23, 2014.

B. F Lestop Operation and the establishment of G Co., Ltd. (1) Defendant on June 24, 201, each of the real estate listed in the separate sheet No. 1 in the YY-dong, YY-si (hereinafter “instant real estate”).

The Industrial Bank of Korea (hereinafter “Corporate Bank”) has purchased the shares through the auction procedure, and to raise the funds for the purchase.

(2) On June 24, 2011, the Suwon District Court of the Republic of Korea established the right to collateral security of the maximum debt amount of KRW 3.6 billion with respect to the instant real estate at an enterprise bank, as the Suyang Branch of the Suyang Branch of the Seoul District Court No. 12248, Jun. 24, 2011. (2) Around December 2011, the Defendant, on the instant real estate, filed a business registration and a business registration report under the name of son, and operated the E, “F” from around that time.

3) On January 10, 2014, upon the introduction of C, the Plaintiff established G for the F Lestop Operation, and operated F Lestop from January 18, 2014. (c) On June 27, 2014, C arranged the Defendant’s opinion on the sale of the F. The content that the Plaintiff drafted and sent to himself/herself, and the e-mail accompanied by the “I” file and the “J” file was sent.

2) C) On June 29, 2014, the power of attorney appointed by the mandator Defendant, the delegated person C (hereinafter “the power of attorney of this case”).

In doing so, the defendant's seal was affixed and written.

The contents of the power of attorney of this case are as follows.

The above delegating person shall enter into a sales contract or lease contract with the plaintiff or a third party on behalf of the delegating person C.

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