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(영문) 서울고등법원 2019.06.27 2017나2058664
소유권이전등기말소 등
Text

1. The plaintiff's appeal and the claim against the defendant B added by this court are all dismissed.

2. Filing an appeal;

Reasons

1. The reasoning for this part of the basic facts is that the court has stated in this part of the judgment of the court of first instance, since the part of the reasoning of the judgment of the court of first instance, except that the part of the judgment of the court of first instance, i.e., "S.," No. 18 of the judgment of the court of first instance, i.e., "S.," "S. Q.," "S.," "S.," "S., Q.," "S.," "S.," "S.," "S.," "S., Q.," is the same as the part of the judgment of the court of first instance, i.e., "S., Q., Q., Q.

2. The plaintiff's assertion

A. Defendant B conspired with Q Q to own more than 50% of the shares of the R farming association, and the market price of the instant U land was less than KRW 300 million and was less than KRW 400 million. Although R farming association did not have the ability to pay the purchase price equivalent to KRW 2.4 billion, Defendant B had the instant remainder claim having a substantial value of KRW 2.4 billion against R farming association. As if the economic value of the instant U land is corresponding, Defendant B deceiving the Plaintiff to exchange the instant H real estate owned by the Plaintiff, etc., the instant J real estate owned by the Defendants, and the instant building owned by the Defendants. ② On May 23, 2014, Q transferred the instant real estate, K building, etc. to the Plaintiff, etc., and the Plaintiff, etc. acquired the instant land from Q Qu to the Plaintiff, etc. on May 22, 2014, and offered the instant real estate exchange contract to Qu Q Q Q Q Q to the Defendant 24 billion and the instant land to be acquired by transfer.

(See the attached Table). Ultimately, the Defendants acquired the instant H real estate from the Plaintiff, etc. in excess of KRW 2 billion, and Q, in the process of concluding each exchange contract, shall compensate for the instant land AC.

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