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(영문) 창원지방법원 2015.01.20 2014나73

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as follows: (a) the Plaintiff’s “Plaintiff” in the first instance judgment No. 2, No. 11, the second instance judgment, is dismissed as “Defendant”; and (b) the Plaintiff’s assertion in the first instance judgment is identical to the ground for the first instance judgment, except for adding the following judgments to the pertinent part; and (c) thus, it is acceptable in accordance with the main sentence

2. Additional determination on the Plaintiff’s assertion

A. The Plaintiff asserted that: (a) around January 18, 1998, the Plaintiff entered into a sales contract with D to set the sales price of KRW 1 million with respect to the instant real estate; and (b) paid KRW 1 million to D, which was not completed the registration of ownership transfer; (c) on November 26, 2009, D around November 26, 2009, when the purchase price of the instant real estate was too low compared with the current market price; (d) thus, the Plaintiff agreed that the transfer income tax that accrues from reporting the purchase price of the instant real estate as KRW 10 million should be borne by the Plaintiff; and (e) the Defendant is obligated to implement the procedures for ownership transfer registration.

B. In full view of the following circumstances: (a) Nos. 6 and 13 evidence, which can be known by comprehensively taking into account the purport of the entire pleadings; (b) the number of the above land is not changed after D completed the registration of ownership transfer with respect to the amount of 1,00,000 square meters for the instant real estate between D and D on January 18, 1998; and (c) the parcel number stated in the receipt (Evidence No. 13) that the Plaintiff concluded a sales contract with D on the amount of KRW 1,00,000 for the instant real estate between D and D on January 18, 1998, and paid KRW 1,00,000 for the payment to D on the amount of KRW 1,00,000 for the instant real estate; and (d) the above receipt is different from the parcel number of the instant real estate; and (e) there is no land written in addition to the above receipts, the Plaintiff concluded a sales contract with respect to the instant real estate as KRW 1,00,0,0.