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(영문) 대구고등법원 2018.01.24 2017나21290
소유권이전등기말소등
Text

1. The plaintiff's appeal against the defendants and the defendant B's appeal are all dismissed.

2. The costs of appeal shall be individually counted.

Reasons

Basic Facts

The relevant defendant C is the defendant B's punishment, and Eul is the defendant's leakage.

Around November 2013, the Plaintiff (a person who has served as an auditor of theO of a stock company) received golf lessons from the above Defendant at a screen driving range operated by Defendant C, and he stored a kind of relationship with the said Defendant.

On December 2013, the Plaintiff introduced the F field 2,486 square meters in Ansan-si to Defendant C, where the site for the construction of a golf driving range was found, the Plaintiff introduced the F field 2,486 square meters in Ansan-si (hereinafter “1 land”).

However, G (a person who was well known to the plaintiff and was in office as the representative director of theO of the corporation) already entered into a sales contract with H (K's Hachify's representative), the owner of the first land at that time, to purchase the first land in KRW 300 million.

Accordingly, the Plaintiff entered the trade name “I” in the agreement with Defendant C as of January 25, 2014, but, in light of the fact that G and the Plaintiff are executives of “O of a stock company,” and the agreement on a building agreement as of February 11, 2014, written as of February 11, 2014, the Plaintiff appears to refer “O of a stock company,” as mentioned above, to “I” after completing the registration of ownership transfer with respect to land 1 and until February 15, 2014, in view of the fact that the Plaintiff entered the trade name of “O of a stock company,” the Plaintiff appears to refer to “O of a stock company,” and then, the Plaintiff sold land 1 to E as of February 15, 2014 by KRW 41,360,00 (proped KRW 752 x 550,000,000,000,000 won under the sales contract, the sales amount is KRW 3.3.6 million.

Accordingly, E remitted to the Plaintiff KRW 20 million, KRW 10 million around January 27, 2014, KRW 10 million around February 4, 2014, KRW 30 million around February 5, 2014, KRW 13.6 million around February 6, 2014, respectively, and remitted KRW 10 million to K, the representative of the J (J clan) from February 4, 2014.

The sum of the transfers shall be 83.6 million won.

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