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(영문) 광주지방법원 2017.02.14 2015가단45951

소유권말소등기

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1. The Defendant received on September 30, 201 from the Gwangju District Court Seoyang Registry on the real estate stated in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. C filed a complaint as a crime of fraud on the ground that D has obtained payment of KRW 149,377,250 to oneself and acquired it by fraud.

On September 16, 2014, the Plaintiff, on behalf of D, agreed with C by paying an agreed amount of KRW 55 million and agreed with C. On September 16, 2014, the Plaintiff prepared a loan certificate (Evidence A(Evidence 3) that D would pay KRW 51 million to C, excluding the amount of KRW 4 million repaid for the existing deposit of KRW 4 million for C, and paid KRW 6 million to C on the same day.

B. On the other hand, on September 17, 2014, C drafted a written agreement with D on the said fraud case with D (Evidence 2,5 million won) and received KRW 25 million from F Co., Ltd., Ltd., operated by D’s type E on September 18, 2014, following the date.

C and the Plaintiff seems to have agreed to pay the Plaintiff KRW 25 million received from F.

(A) No. 7 1, 2). (c)

On September 25, 2014, C and the Plaintiff drafted a sales contract (Evidence A No. 4; hereinafter referred to as the “instant sales contract”) stating that the Plaintiff sells real estate owned by it (hereinafter referred to as “instant real estate”) for KRW 45 million to C.

The name of the buyer under the sales contract at the time was entered in the name of the defendant, who is the wife of C.

C On September 25, 2014, the date of the instant sales contract, the Plaintiff, on September 25, 2014, completed the registration procedure for ownership transfer of the instant real estate in the name of the Defendant, the wife, on September 30, 2014.

E. Since then C filed a complaint against D with intent to commit fraud, the Plaintiff and C agreed that “C shall receive KRW 55 million from the Plaintiff’s test relating to the instant case.”

Accordingly, C received KRW 35 million from the Plaintiff’s side.

C On September 25, 2014, the Plaintiff purchased the amount of KRW 826 square meters for G forest land owned by the Plaintiff for KRW 45 million.

20 million won out of the purchase price.