소유권말소등기
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the first instance except for the following dismissal or addition.
2. Additional matters to be determined;
A. Defendant B claimed that the Plaintiff paid the purchase price of KRW 5 million to the Plaintiff and purchased 1/4 shares of the instant real estate. However, there is no receipt or objective transaction details recognizing that the purchase price was paid to the Plaintiff. Defendant B paid the purchase price of KRW 1/4 shares of the instant real estate before the maturity ( July 27, 2000) prior to June 26, 200, but the date of the sales contract for the said shares was August 23, 200. The time of transfer of the registration under Defendant B’s name does not coincide with the time of termination of the said periodical payment as of August 25, 200. In light of the above sales contract date or the time of registration, it is difficult to view that Defendant B purchased the instant periodical payment before the maturity of the said periodical payment. Defendant B’s testimony was insufficient to deem that the purchase price of the instant real estate was the purchase price of KRW 500,000 from the date of the instant sales contract to the Plaintiff, and in light of the nature and the point of time of registration, it is difficult to recognize that Defendant B’s testimony was paid to the Plaintiff.
B. Defendant B shall be liable for the payment on August 200.