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(영문) 대구지방법원 2017.01.19 2015가단127152

소유권이전등기

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1. The plaintiffs' claims against Defendant D are dismissed.

2. The plaintiffs' claims against Defendant C are dismissed.

3...

Reasons

1. Basic facts

A. On January 30, 2015, Defendant C entered into a sales contract with F and G (hereinafter referred to as “F, etc.”) under which F, etc. share the purchase price of KRW 136 square meters (hereinafter referred to as “instant one real estate”) and KRW 1,600 square meters (hereinafter referred to as “instant 2 real estate”) with respect to H, G, and the purchase price of KRW 700,000,000. In addition, Defendant C entered into a contract with F and G (hereinafter referred to as “F, etc.”) to set the purchase price of KRW 250,000,000 with respect to the right to permit the construction of a telecom to be constructed on the instant 2 real estate.

B. While the Plaintiffs, upon the introduction of I, set up a sales contract with Defendant C around March 2015, stating that the subject matter of sale and purchase between Defendant C was the instant two real estate on March 12, 2015, and the purchase price is KRW 1 billion, and that as a special agreement, the amount including design cost, etc. for the ground telecom, was KRW 200 million in total as KRW 1.2 billion.

(hereinafter referred to as the “instant sales contract”) between the Plaintiffs and the Defendant C.

Defendant C heard the answer that it is impossible for the Plaintiff to make an interim omission registration to F, etc., but the Plaintiffs and Defendant C would purchase the instant real estate in the form of joint buyers. The Plaintiffs and Defendant C would again purchase the instant real estate with F, etc., the sales contract was formulated with the purport that Defendant C would purchase each of the instant real estate 10/100, and the Plaintiffs would purchase each of the instant 45/100 shares. The Plaintiffs would withhold the payment of KRW 70 million out of the purchase price to be paid to Defendant C, but if the Plaintiffs paid KRW 70 million to Defendant C, the above Defendant decided to transfer the ownership of KRW 10 of the instant real estate to the Plaintiffs.

Defendant C completed the registration of ownership transfer for the instant real estate on June 1, 2015, on May 28, 2015, and on April 27, 2015.