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(영문) 의정부지방법원 2017.02.07 2016가단109017

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2013, the Defendant lent to the Plaintiff the name of the buyer of the unit C Apartment Co., Ltd (hereinafter “instant apartment”), and accordingly, on July 2, 2013, the Defendant concluded a sales contract for the instant apartment at KRW 446,672,00 with respect to the sales price at KRW 446,672,00 (hereinafter “instant sales contract”).

B. In relation to the instant sales contract, the Defendant issued, on July 3, 2013, a promissory note with a face value of 200 million won, the Plaintiff, the place of issuance, and the place of payment, at the time of the Government, or at the time of payment (hereinafter “ Promissory note with a sight of July 3, 2013”), and on the same day, a notary public made and issued a notarized deed containing a declaration of intent to recognize compulsory execution against the said Promissory Notes with a law firm No. 1002 as of July 3, 2013 (hereinafter “instant agreement”). (c) around May 2014, the Defendant made an agreement between the Plaintiff and the Plaintiff to accept KRW 1150 million with a notarial deed with a face value of 200,000 won as of May 21, 2014, and KRW 201,000,000,0000,000,000,000 won, respectively, to the Plaintiff on May 131, 2015.

E. The Defendant paid to the Plaintiff KRW 40 million on February 11, 2015, KRW 10 million on February 12, 2015, KRW 10 million on February 12, 2015, and KRW 10 million on May 1, 2015, respectively.

F. On May 29, 2015, the Defendant received a return of a promissory note from the Plaintiff on February 11, 2015, and subsequently, to the Plaintiff.