beta
(영문) 서울남부지방법원 2018.06.08 2017가합1654

매매대금 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. A. On January 2008, the pertinent Plaintiff purchased from the Defendant on August 23, 2001 and completed the registration of ownership transfer on August 24, 2001.

The real estate listed in the attached list No. 4 (hereinafter referred to as “FB”) was owned by the Defendant, and the Defendant owned the Gangseo-gu Seoul Metropolitan Government Group No. 1 (hereinafter referred to as “GB”) and the Yangcheon-gu Seoul Metropolitan Government H H H No. 1 (hereinafter referred to as “HB”)

B. Around January 8, 2008, the Defendant offered to the Plaintiff that “(i) the Plaintiff’s FFC and the Defendant’s GGC and HL, and (ii) the Plaintiff would seek a good beauty room for the Defendant, i.e., the Defendant, at the time of the conclusion of the instant exchange agreement and the Plaintiff’s performance of the Plaintiff’s obligation.” The Plaintiff and the Defendant proposed that “The instant exchange agreement” (hereinafter “instant exchange agreement”).

(2) According to the instant exchange agreement, the Plaintiff completed the registration of ownership transfer with respect to No. 102 on January 17, 2008. ② On January 8, 2008, 201 and No. 202, the Plaintiff restored the ownership of the Defendant, the former owner, by cancelling the registration of ownership transfer with respect to the cancellation of the agreement, and ③ on February 13, 2008, the Plaintiff completed the registration of ownership transfer under the name of the Appointer C&C (hereinafter referred to as the “Appointed”) represented by the Defendant.

3) As to FF Lending, on June 7, 2013, the registration of transfer of ownership was completed in the name of the Defendant’s father’s wife D, and on August 13, 2015, the registration of transfer of ownership was completed in the name of I and J on August 13, 2015, and on May 12, 2016, the registration of transfer of ownership was completed on May 25, 2017.