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(영문) 서울고등법원 2018.12.14 2018나2030977
가등기에 기한 본등기
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 750,000.

Reasons

Basic Facts

The defendant concerned is a branch church under H.

Each real estate of this case was registered in the name of the defendant around 1996.

C, from the time when the church was developed in 1995, is the defendant's member, and was in charge of the defendant's financial affairs from 1996.

D around 2005, he was appointed as defendant pastor.

Since 2016, C demanded C and D to be released from the office of Defendant pastor as a matter of D’s qualification, character, etc., while D reached the retirement age as C and D, there was a dispute over the operation of the church, such as demanding C and D to be retired from office as C reached the retirement age as C reached the retirement age.

The plaintiff is the wife of C.

On April 5, 2007, the Plaintiff entered into a pre-sale agreement with the Defendant regarding each of the instant real estate, and entered into a pre-sale agreement with the Plaintiff and the contractor as the Defendant regarding each of the instant real estate (hereinafter “instant pre-sale agreement”).

Article 1: The Defendant promised to sell to the Plaintiff each of the instant real estate at KRW 850,00,000,000, and consent to the sale.

Article 2:The date of completion of the sale and purchase of this reservation shall be April 5, 2009, and shall be deemed to have been completed as a matter of course without the plaintiff's declaration of intention to complete the sale and purchase even after the expiration of the said date.

Article 3:In the event that the sale has been completed pursuant to Article 2, the sales contract for each of the instant real estate between the Plaintiff and the Defendant is established, and the Defendant shall receive the price under Article 1 from the Plaintiff and, at the same time, implement the procedure for the registration of ownership transfer due to the sale of each of the instant real estate and deliver and order the instant

Article 4:The plaintiff shall pay to the defendant 100,000,000 won on the date of the reservation as the deposit money of this reservation, and the amount shall be deducted from the price under Article 1.

Article 5:The Defendant shall, upon entering into this reservation, claim the Plaintiff to transfer ownership on the basis of the PPP against each of the instant real estate.

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