진정명의회복을 위한 소유권이전등기
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.
1. Facts of recognition;
A. On September 4, 2009, the Plaintiff’s joint owners B (26/60 shares) and C (1/60 shares) of the real estate listed in the attached Table No. 1 sale contract (26/60 shares) are 36/60 shares of 109,535 square meters of forest land located in Chungcheongnam-gun, Chungcheongnamyang-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, the land before subdivision, (the subsequent land was divided into real estate listed in the attached Table No. 1 on July 22, 201; hereinafter the same shall apply), among the above land, 36/60 shares in B and C’s shares.
(30 million won shall be sold to the Plaintiff, and the remainder KRW 370 million shall be paid on the date of the contract and paid on November 25, 2009 (Evidence A No. 1; hereinafter “instant sales contract”).
(2) B and C received down payment of KRW 30 million from the Plaintiff on the date of the instant first sale contract, but did not receive any balance of KRW 270 million until November 25, 2009, which is the remainder payment date.
B. On the other hand, on November 20, 2009, the Defendant’s second sale contract and the registration of transfer of the instant property (hereinafter “instant second sale contract”) sold the instant real property to the Defendant at KRW 300 million, but the down payment was received at the time of the contract, and the remainder KRW 270 million was paid on December 23, 2009 (Evidence A No. 4; hereinafter “instant second sale contract”).
A) However, B and C, in fact, did not receive the down payment of KRW 30 million from the Defendant. (2) The Defendant asked D to lend the instant real estate purchase fund, and D directly remitted KRW 100 million to C on November 25, 2009, and on December 27, 2009, the Plaintiff sought B and delivered KRW 170 million to the seller.
B The receipt (Evidence A) that received KRW 170 million from the above KRW 170 million was prepared and delivered in the future of the Plaintiff.
3B and C completed the registration of ownership transfer on January 22, 2010 under the name of the Defendant for the instant real estate.
C. The defendant is the real estate of this case.