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(영문) 전주지방법원 군산지원 2018.10.02 2018가단50411

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On February 2, 2009, the Plaintiff purchased from the Defendant the Defendant’s share (1/3) in the purchase price of KRW 230,000,000 (the intermediate payment of KRW 30,000,000, the intermediate payment of KRW 125,000,000, the loan of KRW 75,000,000,000) from the Defendant, as well as the building on the ground thereof.

(hereinafter “instant contract.” The Plaintiff paid KRW 30,000,000 to the Defendant on January 12, 2009, and KRW 100,000,000 on February 10, 209, and paid KRW 90,000,00 on October 15, 2010 on the pretext of repayment of the loan that the Plaintiff agreed to succeed.

On November 16, 2012, the Republic of Korea acquired the land prior to the instant subdivision through consultation and acquired a building on 147 square meters and its ground among the land prior to the instant subdivision (hereinafter “instant acquisition through consultation”), and completed the registration of ownership transfer on December 3, 2012.

In the process, the land prior to the instant division was divided into three parts: C 865 square meters in Seosan-si and D 147 square meters in Seosan-si.

The Republic of Korea paid 31,079,660 won to the defendant on December 14, 2012 as the price for the above land and the above ground buildings acquired through consultation.

On July 16, 2015, the Plaintiff, who did not receive transfer of ownership from the Defendant even after full payment of the purchase price under the instant contract between the Plaintiff and the Defendant, filed a lawsuit against the Defendant on July 16, 2015, claiming for transfer of ownership, etc. of the Defendant’s share in the land before the instant partition (2015da6475), and filed a lawsuit against the Defendant on July 16, 2015, claiming the payment of the ownership transfer of the land and the compensation paid by the Republic of Korea to the Defendant in return

In the above lawsuit, the court of first instance held on November 11, 2016, "the defendant performed the procedure for the registration of ownership transfer with respect to the shares of the defendant among the 865 square meters of the shares of the defendant in Isan-si, Ysan-si, the plaintiff among the 31,079,660 won that the defendant received as the compensation for the acquisition by consultation. 24,00,000,000 won that the defendant paid on December 20, 2012.