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(영문) 수원지방법원 2014.07.18 2013가단105485

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 10, 2005, a real estate sales contract with the seller E, the buyer F and the Plaintiff, the purchase price of KRW 6886,40,000 was prepared as of March 10, 200 with respect to D 5,673 square meters (hereinafter “the land before the instant subdivision”).

B. Thereafter, a real estate sales contract was formulated on March 15, 2005 with respect to the size of 2,836 square meters among the land before the instant partition, which is KRW 360 million for the seller E (agent F), the buyer C, the buyer, and the buyer.

C. On April 21, 2005, G, the Plaintiff and the Plaintiff’s wife, completed each registration of the ownership transfer on one-half portion of the land before the instant partition. On the same day, among the land before the instant partition, the registration of ownership transfer was completed on the one-half share under the Plaintiff’s name, with respect to the maximum amount of debt 140 million won, and on the one-half share of the land before the instant partition, the establishment of a neighboring agricultural cooperative composed of Defendant C and the mortgagee

On the other hand, the land prior to the instant subdivision was divided into D 2,837 square meters and H 2,836 square meters on November 30, 2007 (hereinafter “instant land”). On the same day, the Plaintiff’s name with respect to the instant land, and each ownership transfer registration in the G name with respect to the said H land was completed.

E. As to the instant land as of January 18, 2008, a real estate sales contract with the Plaintiff, the buyer, the Defendant B, and the sales price of KRW 360,360,000 was formulated. Defendant B completed the registration of ownership transfer on February 1, 2008 with respect to the instant land.

F. As to the instant land, the Plaintiff paid each transfer income tax of KRW 13,838,020 on June 1, 2009, and KRW 13,838,020 on July 15, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 4 and 5, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant C purchased the land prior to the instant subdivision, which is farmland, through the introduction of F. When it was impossible to complete the registration of ownership transfer under the name of Defendant C, not the resident, on the land prior to the instant subdivision, the Plaintiff entered into a title trust agreement with the Plaintiff.