beta
(영문) 수원지방법원 여주지원 2018.04.05 2017가단6964

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 16, 200, the Plaintiff, the Defendant, and D E prepared a confirmation document stating that the Plaintiff, the Defendant, and the Plaintiff shall own the F 2858 square meters, G ditch, 112 square meters, 316 square meters prior to H, 5689 square meters prior to I, 256 square meters prior to J, and 133 square meters of K forest and forests and road (L) (hereinafter “land subject to joint investment” in this case; referring to land number; hereinafter “the land subject to joint investment” in this case) in total 3.4984.47 square meters, 3.4984.4.47 square meters, 500 square meters, the Defendant, 500 square meters, 1,500 square meters, and 500 square meters that the Plaintiff shall own shares (hereinafter “instant confirmation document”). On the same day, a notary public prepared a new legal office’s certificate as to the above confirmation document.

B. On November 20, 2006, the Defendant entered into a contract with the Plaintiff on November 20, 2006, stating that “the Plaintiff shall pay KRW 130 million to the Defendant, and the Defendant shall sell the Defendant’s shares in the land subject to joint investment to the Plaintiff” (hereinafter “instant contract”).

C. The Plaintiff paid the Defendant the amount of KRW 10 million on November 20, 2006 under the instant contract, KRW 20 million on January 5, 2007, KRW 30 million on October 29, 2007, and KRW 70 million on November 8, 2007, respectively.

On August 20, 196, the registration of transfer of L's ownership was completed on August 20, 1996 with respect to the land of 252 square meters (hereinafter "land of this case"), and on April 11, 200, the registration of transfer of ownership with respect to shares of 1/2 shares was completed in the name of E and the defendant on April 11, 200.

E. H land: (a) on December 29, 199, the ownership transfer registration was made under the name of the defendant on May 28, 2004; (b) on the land, the ownership transfer registration was made under E on May 28, 2004; and (c) on December 29, 199, the ownership transfer registration was made under the name of the defendant on May 28, 2004.

J Land was transferred to E on March 4, 1998 in the name of E on May 28, 2004.

F. F land and K land were transferred to E on March 4, 1998 under the name of E on May 28, 2004 after the registration of transfer of ownership was made under D on May 28, 2004. < Amended by Act No. 8178, Dec. 29, 2006>