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(영문) 대법원 2016.06.09 2015다256732

소유권말소등기

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The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal regarding a sales contract and a lease contract

A. In the event that the plaintiff asserts the absence of a declaration of intention, it is liable to prove the fact to the defendant, but in the event that any declaration of intention is asserted as invalid as a false declaration of intention as a conspiracy, it is liable to prove

(2) As to the establishment of a disposition document, barring any clear and acceptable proof that denies the content indicated in the disposition document, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any counter-proof as to the denial of the content indicated in the disposition document.

(B) Supreme Court Decision 2002Da23482 Delivered on June 28, 2002, and Supreme Court Decision 2004Da60065 Delivered on May 27, 2005, etc.

(1) According to the evidence adopted by the lower court, the lower court: (a) concluded a sales contract with the Defendant on March 14, 201 to sell the Plaintiff’s P Apartment 101 Dong 608 (hereinafter “instant apartment”); (b) on March 15, 2011 following the conclusion of the instant sales contract with the Plaintiff, the Defendant transferred KRW 68 million, which is the remainder after deducting KRW 132 million from the purchase price of the instant apartment (hereinafter “instant apartment”); and (c) on the same day, the Plaintiff completed the registration of ownership transfer for the reason of sale of the instant apartment on March 14, 201, based on the lease contract concluded between the Defendant and the Plaintiff, for the lease period of KRW 20 million (hereinafter “instant apartment”); and (d) on March 15, 2011, the period of lease between the Defendant and the Plaintiff as the lease period of KRW 36,51,200,000,000 from May 31, 2011.