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(영문) 서울고등법원 2016.06.24 2015나8317
소유권말소등기
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant’s KRW 3,649,69,403 from the Plaintiffs and KRW 3,500 among them.

Reasons

1. Facts of recognition;

A. On November 9, 2007, the Plaintiffs and Korea Refrigerants Korea Co., Ltd. (hereinafter “Korea Refrigerants”) concluded a sales contract between the Plaintiffs and Korea Refrigerants (hereinafter “Korea Refrigerants”).

(1) On November 9, 2007, the Plaintiffs’ share (2/6, Plaintiff B’s share 1/6, Plaintiff C’s share 1/6, Plaintiff D’s share 1/6, Plaintiff E’s share 1/6, and Plaintiff E’s share 1/6) are each land listed in the separate sheet (hereinafter “each land of this case”).

(2) The sales contract to sell Korea’s money in KRW 13.2 billion (hereinafter “instant sales contract”) to Korea’s Refrigerants

(2) The Plaintiffs shall request the head of Korea to pay the balance of the construction permit under Article 2(1) and (2) within December 17, 2007 after the intermediate payment of KRW 3.2 billion within the remainder of 8.2 billion within the remainder of 8.2 billion under Article 2(1) and (2) (i) The remainder payment date under Article 1 shall be the date when the Refrigerants completed the district unit plan (including the relevant authorized matters) with respect to each land of this case and when the payment date under the above paragraph (1) exceeds the remainder of 5.2 billion won, the Plaintiffs shall request the head of Korea to pay the remainder of 3.7 months after the date of commencement of the construction permit under the district unit plan.

Provided, That all expenses related to the establishment of provisional registration shall be borne by Korea Refrigerants.

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