logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.03.25 2014나7096
정산금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a corporation established for the purpose of real estate sales and lease business.

On June 28, 2011, the date of the conclusion of the exchange contract, the plaintiff was the representative director of D, the plaintiff's husband E was the inside director, and the plaintiff and E were the owners of D at the same time.

B. On June 28, 2011, the Plaintiff entered into an exchange contract with the Defendants on the following terms and conditions. On the same day, the Defendants were paid KRW 40 million corresponding to the difference in assessment.

1) The Plaintiff transferred the ownership of N’s N-owned land and transferred D’s shares, which is the owner of the building of five-story neighborhood living facilities on the above ground, to the extent that the Plaintiff transferred the ownership of N-owned land and buildings (hereinafter “Cheongju Real Estate”). The Plaintiff is a “Cheongju Land” in the case where only the land is set up, and the “Cheongju Building” in the case where only the building is set up.

A) The Defendants transfer the ownership of KRW 1.5 billion in security loans and KRW 4770 million in lease deposit with respect to Cheongju real estate. (2) The Defendants, instead, transfer to the Plaintiff the ownership of KRW 2,295 square meters in G forest land, H forest land, KRW 952 square meters in Yangju-si, and KRW 412 square meters in I Miscellaneous land (hereinafter collectively referred to as “Y land”), and J 364 square meters in J (hereinafter referred to as “J land”), and pay KRW 40 million in appraisal.

The plaintiff shall acquire 30 million won as collateral loans on the land of both countries and 220 million won as collateral loans on J land.

3) The reported amount by the Plaintiff is KRW 1.5 billion in land and the reported amount by a corporation. The reported amount by the Defendants is KRW 1.03 billion in land of both owners and KRW 400 million in J land. The reported amount of the Plaintiff’s building registration shall be added to the corporate book value. The registered amount of the Plaintiff’s building shall be KRW 200 million in addition to the corporate book value. 4) Since this contract was concluded by sufficiently checking and examining mutual goods, no objection shall be raised thereafter

C. On June 30, 201, the Plaintiff is subject to the exchange of J land between the Defendants.

arrow