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(영문) 대전지방법원 2016.12.16 2016나100643
가등기에 기한 본등기절차이행의 소
Text

1. The judgment of the first instance court, including a claim that has been selectively changed at the trial, shall be modified as follows:

Reasons

1. Basic facts

A. On August 24, 2004, the Plaintiff completed the registration of ownership transfer on August 21, 2004 with respect to the instant land owned by the Plaintiff and the instant land owned by the Defendant, and 375 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “non-case land”; and, in the case of the instant land, the registration was completed on August 21, 2004 with respect to each of the instant land.

B. On December 21, 2004, the Plaintiff completed a provisional registration with respect to each of the instant lands on December 21, 2004, which was based on a pre-sale agreement on the same day (hereinafter “provisional registration of the instant land”) as the receipt of No. 31950 on December 21, 2004, by the Daejeon District Court Taean District Court’s Taean District Court’s registry office on December 21, 2004, and completed a provisional registration with respect to each of the instant lands (hereinafter “provisional registration of this case”).

C. The Plaintiff borrowed KRW 30,000,000 from the Taean Saemaul Depository, and on November 1, 2005, the Defendant lent KRW 30,000,000 to March 2006.

Meanwhile, F, a shareholder of G Co., Ltd. (hereinafter “G”), filed a lawsuit seeking compensation for damages against the Defendant, who is the representative director of G, through a shareholder representative lawsuit for G. On May 25, 201, the judgment was rendered on May 25, 201, that “the Defendant paid to G 5% per annum from November 9, 2007 to November 18, 2010, and 20% per annum from November 19, 201 to the date of complete payment” (Seoul High Court Decision 2010Na8417, 8424). The said judgment became final and conclusive on August 25, 2011.

(Supreme Court Decision 201Da49769, supra, the said lawsuit is deemed to be “damage compensation lawsuit”). E.

F. On December 21, 2004, the Plaintiff and the Defendant concluded a pre-sale agreement with respect to the land other than the instant case, and completed provisional registration other than the instant case. Around December 2008, F and the Plaintiff agreed to complete the registration of ownership transfer in the name of F after the Plaintiff completed the principal registration based on the provisional registration other than the instant case on the land other than the instant case. The F agreed to complete the registration of ownership transfer in the name of F. On February 25, 2014.

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