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(영문) 대구지방법원 김천지원 2018.02.08 2017가단33656

소유권말소등기

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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 September 2014, the Plaintiff became aware of Defendant B, who had been operating a store in the Gu and America, and was in an internal relationship until July 2017.

The grounds for registration of land ownership transfer on August 13, 2015: (a) the registration of land ownership transfer on August 11, 2015; and (b) the registration of land ownership transfer on March 18, 2016; (c) May 2, 2017; (d) the registration of ownership transfer on April 28, 2017; and (e) the registration of ownership transfer on November 6, 2015; and (e) the registration of ownership transfer on March 18, 2016; (e) the registration of cancellation of ownership transfer on March 18, 2016; (f) the registration of ownership transfer on March 18, 2016; (f) the registration of ownership transfer on May 28, 2017; and (f) the registration of ownership transfer on May 28, 2017; (f) the registration of ownership transfer on June 3, 2016;

B. The Plaintiff completed the registration of ownership transfer with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendants as indicated in the following table:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 concluded a sales contract with the Defendants on each of the instant real estate and completed the registration of ownership transfer with the Defendants. However, Defendant B did not pay KRW 70 million for the purchase price of the real estate Nos. 1, 2, and 3, and Defendant C did not pay KRW 162 million for the total purchase price of the real estate Nos. 4 through 9.

The Plaintiff is serving a duplicate of the complaint of this case, and the Plaintiff cancels the sales contract for each real estate of this case on the grounds of delay in the payment of the purchase price. Thus, the Defendants completed transfer of ownership on each real estate of this case.