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(영문) 서울서부지방법원 2018.02.21 2017가단202282

소유권이전등기 및 근저당권말소

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1. The Defendants are Seoul Western District Court with respect to each portion of 1/4 of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On September 17, 2008, Nonparty G, the husband of the Plaintiff, prepared a sales contract (hereinafter “instant sales contract”) on behalf of the Plaintiff that: (a) Nonparty H (the deceased on April 13, 2009; hereinafter “the deceased”) and real estate as indicated in the attached list (hereinafter “instant real estate”) owned by the deceased at the time from the deceased, purchase at KRW 180,000 on behalf of the deceased for KRW 180,000; (b) KRW 30,000 on deposit and KRW 150,000 on deposit and December 31, 2008; and (c) the remainder of KRW 120,000,000 on deposit with Nonparty F’s husband’s account; and (d) the remainder of KRW 30,000,000 on deposit with Defendant F’s husband’s account.

B. The above G transferred KRW 30,00,000 on September 17, 2008, KRW 28,000 on September 29, 2008, KRW 200,000 on September 29, 2008, and KRW 22,00,000 on October 2, 2008, and KRW 20,000 on December 29, 2008, respectively.

Total (100,000,000). (c)

On January 6, 2009, the Deceased filed a provisional registration of the right to claim ownership transfer on January 6, 2009 with respect to the real estate in this case with the Seoul Western District Court’s Seodaemun Registry No. 416 received on January 7, 2009.

(hereinafter “Provisional Registration of this case”) D.

The Defendants, as brothers and sisters of the Deceased, succeeded to the instant real estate on April 13, 2009 (each share of 1/4), and the Plaintiff filed a move-in report on the instant real estate on March 16, 2010, and reside in the instant real estate until now.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 and Eul evidence 5, witness G's witness G's testimony, the purport of whole pleadings

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Plaintiff and the Deceased entered into a sales contract as described in the instant sales contract, and accordingly, paid both the down payment and the remainder (excluding the portion of succession to loans) and received provisional registration. Therefore, the Defendants, the deceased’s heir, are the grounds for concluding the sales contract on the date of delivery of the duplicate of the instant complaint to the Plaintiff.