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(영문) 대구지방법원 2016.09.13 2015나13599

소유권이전등기

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff, the defendant, and C are children of friendship.

B. On April 25, 2007, the Plaintiff: (a) purchased each of the instant apartments 100,000,000,000 won, including each of the instant apartments listed in the separate sheet (hereinafter “each of the instant apartments”; (b) on April 25, 2007, the Plaintiff purchased 6,23,000,000,000 won (62,30,000 won per bond) at the time of unsold housing, including each of the instant apartments listed in the separate sheet (hereinafter “each of the instant apartments”; (c) the Plaintiff requested that D make the registration of ownership transfer under the name of the Defendant while investing together with the Plaintiff, Defendant, and C; and (d) on October 31, 2007, the registration of ownership transfer was completed in the name of the Defendant with respect

C. Since around 2007, the Plaintiff directly received the lease deposit while leasing and managing each of the instant apartments, and kept the lease contract, and kept the registration certificate for each of the instant apartments.

Since around 2007, the Defendant paid the comprehensive real estate holding tax, etc. on each apartment of this case.

E. On May 7, 2013, the Plaintiff, the Defendant, and C drafted an agreement (i.e., the evidence 3-1; hereinafter “instant agreement”) stating that “In selling each apartment of this case, the Plaintiff, the Defendant, and the Defendant agree that the remaining net income shall be distributed equally to three persons by deducting the purchase price and all legal expenses (including transfer income tax) from the time of selling each apartment of this case.”

F. On June 2013, the Defendant directly received KRW 48 million (25 million increased lease deposit, KRW 1409,000,000,000,000,000,000), when concluding a new lease agreement by increasing the deposit for lease than the previous one.

G. On December 30, 2013, the Defendant is against the lessee under the foregoing 48 million won.