소유권이전등기 등
1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.
The Defendant-Counterclaim Plaintiff B shall be the Plaintiff.
1. In this case, there are many cases where the plaintiff and the defendants proved that the legal effect of the act done under the name of D without distinguishing D, which is the husband of the plaintiff and the plaintiff, belongs to the plaintiff.
In such cases, the act committed in the name of D shall be deemed as the Plaintiff’s act, and D shall be deemed as the Plaintiff’s act.
The plaintiff is the wife of D, the wife of the defendant B, and the husband of the defendant C.
The defendants live in the United States and own several apartment houses in the Republic of Korea.
B. 1) The Plaintiff sells real estate to Defendant B, and each real estate listed in the separate sheet No. 1 on July 16, 2004 (hereinafter “each real estate of this case”).
(2) On September 12, 2006, the Plaintiff (D) remitted to the Defendant C the amount of KRW 199,789,700 (= KRW 9,641,358 KRW 190,148,342).
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2, 3, 4, 52 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. The Plaintiff’s assertion 1) The Plaintiff sold each of the instant real estate to Defendant B as stated in the above basic facts, completed the registration of ownership transfer, and thereafter lent KRW 199,789,700 to Defendant C. On October 2006, the Plaintiff purchased each of the instant real estate again from Defendant B in a manner of converting the above loans to the purchase price.
The Plaintiff did not immediately complete the registration of ownership transfer upon Defendant B’s request to allow the registration of ownership transfer when the transfer income tax is exempted in the future. However, the Plaintiff classified the real estate of this case from Defendant B and entered the current status of the real estate of Defendant B managed by the Plaintiff.