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(영문) 인천지방법원 2015.05.15 2014가합1368

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. The parties' assertion

A. The gist of the Plaintiff and the Plaintiff’s Intervenor’s assertion 1) The Defendant, who was a suspect in the case No. 2006 of the Seoul Central District Prosecutor’s Office, 2006 penal code 43020, withdraws the Plaintiff’s Intervenor’s accusation, respectively real estate listed in the separate sheet (hereinafter

(2) On February 9, 2007, the Plaintiff offered a proposal to sell KRW 700,000,000 to the Plaintiff. The Plaintiff’s side agreed to purchase the instant real estate in KRW 700,000,000,000. The Plaintiff’s side made an agreement to purchase the instant real estate on February 9, 2007 with “seller” and “sale price” attached the seal under the Plaintiff’s name, and then sent it by facsimile to the Defendant. The Defendant stated “the Defendant’s address and resident registration number” in “the seller” on February 14, 2007, entered “the Defendant’s name and resident registration number” in “the purchase price” in “the Defendant’s seal affixed with the Defendant’s seal affixed to “the purchase price”, and sent the Plaintiff an agreement to purchase the instant real estate by facsimile as well as the Plaintiff’s agreement to register the ownership transfer between the Plaintiff and the Defendant on February 14, 2007.

B. The defendant's assertion 1) On November 18, 2003, the defendant lent KRW 500,000,000 to D cooperatives, the plaintiff's Intervenor's president, with interest rate of KRW 3%, and the due date of repayment on December 17, 2013, respectively, and the mortgage was established on the real estate of this case. The D cooperatives were awarded a successful bid of the real estate of this case through voluntary auction on March 24, 2005, and the remaining principal and interest on the loan remaining after appropriation of performance became KRW 339,50,000,000, around February 2, 2007.