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(영문) 대구지방법원 2018.09.18 2017가단123673

소유권이전등기

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1. The Defendant has an agreement on February 16, 2015 with respect to the real estate stated in the attached list to Plaintiff A.

Reasons

1. Basic facts

A. On November 1, 1989, Plaintiff B purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from Plaintiff B in the name of the Defendant, who is the spouse of the ship after the purchase.

B. On November 13, 2000, Plaintiff B completed a provisional registration based on a trade reservation under the name of Chokman E with respect to the instant real estate in order to secure the registration of transfer.

C. On February 16, 2015, Plaintiff A and the Defendant, as Plaintiff B’s son, prepared a real estate sales contract stating that the purchase price for the instant real estate shall be KRW 200 million, and the down payment shall be paid on the date of the contract, and the remainder KRW 180 million shall be paid on February 25, 2015.

The defendant issued a certificate of personal seal impression and a certified copy of resident registration entered the purchaser of real estate as the plaintiff A on the day of the above sales contract, and delivered it to the plaintiff A, and the certified judicial scrivener F prepared a proxy for the registration of ownership transfer.

E. Meanwhile, on May 25, 2017, the Defendant filed a lawsuit demanding cancellation of provisional registration against E ( Daegu District Court 2017Kadan13196) and rendered a judgment of citing March 29, 2018, and the appellate court ( Daegu District Court 2018Na305282) also rendered a decision of recommending reconciliation became final and conclusive.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 through 9, 2-8, 10-1 through 3, Eul evidence 1, 5 and 6, witness G's testimony and the purport of the whole pleadings

2. The following circumstances, which are: (a) the Plaintiff and the Defendant, on February 16, 2015, signed a sales contract on the instant real estate, and signed a seal on February 16, 2015 that the Defendant received KRW 20,000 on the date of the contract, but did not receive money between the said parties; (b) the Defendant did not receive money from the Plaintiff at all, even if it did not receive money from the Plaintiff.