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대구지방법원 2015.09.11 2015나301340

소유권이전등기

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On January 20, 2002, the Plaintiff jointly invested land of 3008m2 and 883m2m2 in Posi-gu, Northern-gu, Chungcheongnam-gu, Seoul-gu, which was known to Pyeongtaek, as an auction object, and was awarded a successful bid in the Plaintiff’s name, and distributed profits by newly building and selling a loan on the ground. On February 23, 2002, the Plaintiff collected KRW 94,00,000 from the Plaintiff in the auction procedure at the Daegu District Court Port Branch of the Daegu District Court on February 23, 2002, and received a successful bid in the Plaintiff’s name, and completed the registration of ownership transfer with respect to the above two lots of land under the Plaintiff’s name on February 26, 2002.

B. After that, on March 2, 2002, the above two parcels of land were combined into 3,891 square meters, and again, they were divided into the above I or L on December 12, 2002. The Plaintiff and H decided to newly construct one parcel of land on the seven parcels of land, such as I, M, N,O, P, Q, R, etc.

C. However, on December 20, 2002, as the construction permit was obtained at the night, and the Plaintiff and H have a conflict of opinion, the Plaintiff settled and returned the investment amount up to that time, and decided to withdraw from the same business, and on December 26, 2002, the Plaintiff delegated H with H the authority to implement housing projects in the name of the Plaintiff. H delegated the authority necessary to implement the housing projects in the name of the Plaintiff. H paid KRW 250 million to the Plaintiff by June 30, 2003, and if delay, paid damages for delay at the rate of 1% per month. On the same day, a notarial deed of debt repayment contract with the same content was prepared and withdrawn from the same business.

Accordingly, H on December 27, 2002, under the name of S with respect to the above I and N land, under the name of T with respect to the above M and R land, completed the registration of ownership transfer under the name of U with respect to the above O land, and completed the registration of ownership transfer under the name of U with respect to the above O land. On the 30th of the same month, H obtained construction permission in the name of each owner of the above land, and as to the above P and Q land, it guarantees KRW 2.