beta
(영문) 대구지방법원 2015.06.24 2015나67

소유권이전등기

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On September 30, 1999, Defendant B purchased the part (i) of 1,134 square meters (hereinafter “instant land”) on a ship in sequence with each point of 1,7150,00 won (hereinafter “instant land”) among the part of 1,2,3,4,55,66,7,7,8,9,9,10,11, and 134 square meters in attached drawings among the part of 3,167 square meters in Andong-si Do, A (hereinafter “the network”).

(hereinafter “instant primary sales contract”). B.

At the time of concluding the above sales contract, the Plaintiff affixed a seal on the sales contract as a observer, and leased part of the above sales price to Defendant B so that Defendant B can pay the deceased the sales price.

The Plaintiff currently holds a copy of the receipt that Defendant B paid to the Deceased on October 9, 1999, out of the above purchase price of KRW 17150,000,000.

C. After that, around August 2003, Defendant B delegated the Plaintiff with the entire sale and purchase and registration of the instant land and subsequently made a letter of delegation (hereinafter referred to as “instant power of delegation”) to the effect that the Plaintiff will not be held liable for civil and criminal liability even if any problem arises, and affixed a seal thereon.

In addition, on September 13, 2003, Defendant B prepared a sales contract stating that the land of this case is sold to the Plaintiff, and affixed a seal and affixed it to the Plaintiff.

(hereinafter “instant secondary sales contract”). E.

around February 2012, Defendant B, who was installed on the instant land, moved to a different place the Defendant’s mother’s graves, and thereafter, the Plaintiff has occupied and managed the instant land while it was in possession.

F. Meanwhile, at the time of 199, the Plaintiff frequently deposited or withdrawn cash in the bank while conducting funeral services.

On the other hand, Defendant B borrowed 4 million won from a livestock cooperative on October 29, 1996, and at the time the Plaintiff jointly and severally guaranteed the above loan obligation, and Defendant B did not repay the above loan obligation.