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(영문) 서울고등법원 2015.09.15 2014나43962
소유권이전등기
Text

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

The defendant is paid KRW 350,000,000 from the plaintiff A.

Reasons

1. As to this part of the basic facts, the corresponding part of the reasoning for the judgment of the first instance shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. The plaintiffs asserted that they concluded a sales contract with the defendant on each of the buildings of this case, and paid the defendant an amount equivalent to 50% of the sales price as down payment and intermediate payment pursuant to such sales contract. Since then, when the sales price of each of the buildings of this case was delayed, the plaintiffs agreed to reduce the sales price between the defendant and the defendant on December 20, 2005 and compensate for damages of 21% per annum for each of the sales price if the sales price is delayed by June 30, 2006, and the delayed payment of damages for delay occurred during the period of the sales price delay and offset the remainder of the sales price that the plaintiffs should pay to the defendant.

Therefore, since the plaintiffs paid the purchase price in full to the defendant, the defendant is obligated to implement the registration procedure for transfer of ownership based on the sale of shares in the land in accordance with each of the sales contracts in this case.

B. On March 2005, I, as the representative director of the defendant, prepared a false contract for the sale of each building of this case with the plaintiffs to be exempted from compulsory execution, completed the registration of provisional disposition of prohibition of disposal in the name of the plaintiffs, and sold it again to a third party and conspired to acquire profits therefrom. Therefore, each contract for the sale of this case between the plaintiffs and the defendant is invalid as a title trust agreement against the law on the registration of real estate under the name of the actual right holder, or a false agreement or anti-social legal act against the law on the registration of real estate under the name of the actual right holder. 2) Even if the above contract for the sale is not invalid, the plaintiffs did not pay the sale

3. Determination as to the cause of the claim is as follows.

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