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(영문) 광주지방법원순천지원 2019.04.25 2017가단80148

소유권이전등기

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On October 26, 2010, Defendant B divided D-source 661 square meters (hereinafter “D land”) from Jeonnam-do, Jeoncheon-si, Jeoncheon-do, E-su, 3306 square meters (hereinafter “instant land”). On November 2, 2010, Defendant B sold the said D land to Defendant C, and completed the registration of ownership transfer on November 3, 2010.

B. Meanwhile, around 2006, Defendant B asked the Plaintiff to sell the instant land, and written each of the following contents with the Plaintiff:

Of the above, Defendant B’s certificate of personal seal impression issued is attached to the instant sales delegation. The purpose of use of the certificate of personal seal impression is indicated as “for delegation of land sale.”

The seller: The seller's indication of the real estate B: the seller's content: the seller (A) shall transfer all the property rights to the buyer (B) in accordance with the sale and purchase of the land at the above location and shall certify that it is possible to sell and purchase at least KRW 100,000,000 in average.

The mandators (A): B real estate indication: A - The terms of delegation A - The mandators (A) shall delegate all the powers of sale to the person to whom the said real estate is located (the person to whom the said real estate is located).

A and B are responsible for all legal (civil and criminal) parts.

C. On April 4, 2006, the Plaintiff solicited the purchase of the instant land from F to November 25, 2013, and received a total of KRW 285 million from F as the purchase price for the said land from April 4, 2006 to November 25, 2013.

Afterwards, F filed a complaint with the Plaintiff on the charge of acquiring the purchase price of the instant land, and on August 13, 2018, the Plaintiff was convicted of fraud in this Court Decision 2017Da2153.

The Plaintiff, as the purchase price of the instant land, to Defendant B, KRW 10 million on April 4, 2006, KRW 17 April 17, 2006, KRW 10 million on April 17, 2006, KRW 10 million on July 6, 2006, and KRW 10 million on August 2006.