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(영문) 서울고등법원 2019.04.19 2017나2075409
소유권말소등기
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. Contract 1 between the Plaintiff and Defendant B Co., Ltd. is exempt from the name of the legal entity not more than Defendant B Co., Ltd. (hereinafter “Defendant B”).

(C) On July 9, 2014, the real estate listed in the separate sheet (hereinafter “instant land”) shall be the same as the instant land.

A) The Plaintiff’s representative E and Defendant B’s shareholder and F, the representative director of which, around May 13, 2015, acquired ownership. A sales contract (hereinafter “instant sales contract”) with the following content in the Plaintiff and Defendant B’s name (hereinafter “instant 1 sales contract”). A contract concluded under the instant 1 sales contract is “the instant 1 sales contract”.

A) A: Defendant B: The Plaintiff and B enter into a land sales contract and implement it in good faith as follows. The location of land subject to the sales contract under Article 1: Seopo-si in Seopo-do: 1,303m2m2: Payment of the purchase price of land and the purchase price of business rights is KRW 3,400,000 (Won 3,40,000,000).

2) The purchase and sale price of land shall be paid as follows. The sum of 1,700,000,000,000 provisional payment of intermediate payment of KRW 1,100,000 at the time of a loan of intermediate payment of provisional registration of KRW 1,100,000 at the time of the payment of intermediate payment of KRW 3,40,000 on September 15, 2015 shall be KRW 3,400,000,000 at the time of the payment of the said down payment and the procedure for the cancellation of the first collateral security and the compulsory auction and the provisional seizure on land at the time of the receipt of the intermediate payment shall be cancelled at once.

4) In the event that the intermediate payment of KRW 1,100,000 is paid for the intermediate payment of KRW 1,100,000,000 upon the receipt of a loan from a financial institution Eul, the Gap would deliver the documents establishing provisional registration of the sales contract to secure the implementation of the land sales contract.

Article 3 (Transfer of Land Ownership and Transfer of Corporation 1) The land subject to this sale is transferred to ownership under the name of A, and at the time of receipt of the balance of land purchase price, A shall actually complete the registration of land ownership transfer to B, provided that 2) at the request of B.

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