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(영문) 서울중앙지방법원 2018.10.19 2018나7497

소유권이전등기

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1. The plaintiff's main claim and the conjunctive claim that are changed alternatively in this court are all dismissed.

2...

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant are women relations.

B. On April 19, 1983, D, as the Plaintiff’s reference, purchased real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on May 6, 1983.

C. Around 1998, E applied for a voluntary auction on the instant real estate, and accordingly, the registration of the decision on commencing auction was completed on May 23, 1998 by the Seoul District Court (F).

On April 20, 199, the defendant awarded the bid for the instant real estate in the above voluntary auction procedure, and on April 30, 1999, the registration of ownership transfer was completed in the name of the defendant on the ground of the successful bid.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. On April 20, 1999, the Plaintiff asserted that he borrowed KRW 24,00,000 from C, and entered into an agreement with the Defendant to transfer ownership ownership ownership of the instant real estate in the name of the Plaintiff, instead of the successful bid fund, on April 30, 199 where it is difficult for the Defendant to engage in economic activities after aging, on condition that the Defendant independently support the Plaintiff. On April 30, 199, the Defendant and the Defendant did not perform the duty to support, and entered into an agreement with the Defendant on April 30, 199 that the ownership of the instant real estate should be transferred in the name of the Plaintiff instead of the successful bid

However, as the Defendant was a director at the previous domicile on May 3, 2017 and clearly violated the obligation to support the Plaintiff, the Defendant is obligated to implement the procedure for ownership transfer registration based on the ownership transfer agreement on April 30, 199 with respect to the instant real estate, and as a result, the Plaintiff is obligated to implement the procedure for ownership transfer registration based on the ownership transfer agreement on April 30, 199 with respect to the instant real estate, and as a result, the amount of share of KRW 24 million,400,000,000, which is the share of the auction fund borrowed from C and paid by the Plaintiff to the Defendant from C among the instant real estate, and the Defendant is the instant case.