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(영문) 서울고등법원 2017.05.25 2016나2075877
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part of the claim for ownership transfer registration is modified as follows.

The defendant is against the plaintiff 28.

Reasons

1. In the first instance trial, the Plaintiff filed a joint claim for the registration of ownership transfer with respect to 910/98 shares out of the instant land and the “request for monetary payment based on compensation for damages.”

The first instance court dismissed the claim for monetary payment, and partially accepted the claim for ownership transfer registration.

With respect to the judgment of the first instance, the Defendant sought revocation of the part against which the Defendant lost, and the Plaintiff did not appeal.

Therefore, the scope of this court’s trial is limited to the part against the defendant among the claims for ownership transfer registration (see, e.g., Supreme Court Decisions 97Da58200, Apr. 10, 1998; 201Da18864, Jul. 11, 2013). The part of the claim for monetary payment is transferred, but does not fall under the scope of the court’s trial.

2. Basic facts

A. On January 15, 2012, the Plaintiff concluded a sales contract with the Defendant with regard to the instant land at KRW 680 million (hereinafter “instant sales contract”).

Upon entering into the instant sales contract, the Plaintiff and the Defendant agreed that “the Defendant shall pay the down payment of KRW 80 million at the time of the contract, and the balance of KRW 600 million shall be paid on April 15, 2012, and some of the remainder shall be paid in the manner of accepting the secured debt with respect to the instant land established in the name of the Suwon Agricultural Cooperative (hereinafter “instant secured debt”).

B. On the day of the instant sales contract, the Plaintiff paid to the Defendant the sum of KRW 80 million on the day of the instant sales contract, KRW 71 million out of the remainder on April 17, 2012, and KRW 144 million out of the remainder on May 25, 2012, KRW 295 million in total.

In addition, on May 31, 2013, the Plaintiff acquired the secured debt of the instant case, KRW 370 million,000,000, and completed the registration to change the obligor of the secured debt of the instant case to the Plaintiff.

C. At the time of the instant sales contract, the instant land area was 910 square meters, but was combined with D forest land area of 78 square meters around October 17, 2014.

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