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(영문) 서울중앙지방법원 2015.09.03 2014가단5239849

소유권이전등기

Text

1. All claims filed by the counterclaim Defendant against the counterclaim Defendant are dismissed.

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

Reasons

On February 9, 2010, the counterclaim Defendant prepared a written waiver stating that “The counterclaim Defendant borrowed KRW 500 million from D (the death of January 18, 2012) when acquiring the real estate listed in the separate sheet (hereinafter “the instant real estate”) and purchased the real estate from D (the principal and interest could not be repaid, and thus, gave up ownership and all the powers to D and delivered it to D.” As such, the counterclaim Defendant is obligated to transfer ownership of each of the real estate listed in the separate sheet to the counterclaim in accordance with the content of the said written waiver.

The following seals were affixed to the counter-resident under the evidence Nos. 6 (Waiver of Abandonment), but there was no dispute between the parties to the counter-party that the following seals were affixed to the seals of each counter-resident; however, the following facts are acknowledged by the overall purport of the pleadings, namely, ① all phrases, including the name of the counter-defendant, are written and printed in the statement of renunciation of this case: ① if the counter-party was prepared and printed in the statement of renunciation of this case, there was no special reason not to sign the statement; ② even according to the allegations of the counter-party, even if the counter-party was prepared, the statement of waiver was delivered to the counter-resident; ③ the counter-party C was the mother of the counter-party C, and the real estate of this case was jointly purchased by the non-party D and other son, and the real estate of this case was actually donated to the counter-party, and ④ the real estate was actually purchased by the non-party to this case, and the real estate was purchased by the non-party to this case.