beta
(영문) 대구지방법원김천지원 2015.08.13 2014가단570

소유권이전등기

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and C are relatives.

B. On April 25, 2007, the Plaintiff, the de facto spouse of the Plaintiff, purchased each of the instant apartments 100,000,000 won (62,30,000 won per bond) at the time, including the real estate listed in the separate sheet (hereinafter “each of the instant apartment”). On April 25, 2007, the Plaintiff purchased 6.23 billion won (62,30,000,000 won per bond) at the time, which had been unsold in lots, including the real estate listed in the separate sheet (hereinafter “each of the instant apartment”). While the Plaintiff’s investment together with the Defendant, the Plaintiff requested D to request D to register the ownership transfer under the name of the Defendant and completed the registration of each of the instant apartment in the name of the Defendant on October 31, 2007.

C. Since 2007, the Plaintiff directly received the lease deposit and kept the lease contract while leasing and managing each of the instant apartments, and the Plaintiff kept the registration certificate for each of the instant apartments up to now.

Since 2007, the Defendant paid the comprehensive real estate holding tax, etc. on each apartment of this case.

E. On May 7, 2013, the Plaintiff and the Defendant agreed to the point of sale where the price of each apartment of the instant case was rise, and the Plaintiff entered into an agreement with the Defendant, C, and the Defendant, stating that “When selling each apartment of the instant case, the purchase price and all legal expenses (including transfer income tax) shall be deducted, and the remaining net income shall be apportioned equally by three equal parts to three.” (hereinafter “instant agreement”).

F. On June 2013, the Defendant directly received the deposit amount of KRW 25 million, which is the difference between the increased deposit and KRW 1311,00,000, out of the apartment of this case in which KRW 48,000,000, the increased deposit amount of KRW 1311, out of the instant apartment of this case, when concluding a lease contract with respect to Nos. 1311 and 1409, among the instant apartment of this case.

G. On December 30, 2013, the Defendant issued 801 among the instant apartment buildings.