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(영문) 의정부지방법원 2016.06.24 2015가단28401

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 28, 1997, the Plaintiff concluded a contract to purchase at KRW 30 of the EP 240 square meters in Namyang-si owned by D and paid the purchase amount in full.

In addition, on October 2001, it purchased 7 additional 7 square meters.

After that, the land purchased by the Plaintiff became the land indicated in the purport of the claim through annexation, etc. (hereinafter “instant land”).

However, even though the defendant knew that the plaintiff purchased the land of this case from D and agreed to register the transfer of ownership from D with the part other than the land of this case, he concluded a sales contract for the land of this case in collusion with D and completed the registration of transfer of ownership in his name.

Therefore, the Defendant is obligated to perform the registration of ownership transfer with respect to the instant land according to the agreement.

2. In full view of each of the statements in Gap evidence Nos. 1, 2, 6, and 11 (including paper numbers, hereinafter the same), the plaintiff was deemed to have purchased the land of this case from Eul, but the above facts alone agreed with the plaintiff to purchase the land of this case with the exception of the part of the land of this case while purchasing the land from D.

B. The Plaintiff’s claim on a different premise is insufficient to acknowledge that the Plaintiff had completed the registration of ownership transfer, and there is no other evidence to acknowledge it.

(B) The Plaintiff’s claim is not sufficient to recognize the fact that the sales contract or ownership transfer registration between D and the Defendant constitutes an act of breach of trust and the Defendant’s participation in the act of breach of trust, and there is no other evidence to acknowledge it).

3. Conclusion.