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(영문) 서울남부지방법원 2018.02.09 2017가단220373

공제금 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the defendant, etc. is a mutual aid company under Article 67 of the Certified Judicial Scriveners Act and Article 8 of the Rules of the Korean Certified Judicial Scriveners Association in order to guarantee the liability for damages to the delegated person of the affiliated certified judicial scrivener, and the non-party B (hereinafter "B") is a member of the Damage Compensation Mutual Aid Association operated by the defendant as a certified judicial scrivener

B. On June 16, 2010, the Plaintiff: (a) concluded a sales contract with the Plaintiff C Co., Ltd. (hereinafter “Nonindicted Company”); and (b) divided the Plaintiff into Nonparty Company into KRW 14,876m2 (5,653m2, Jul. 21, 2010) forest land with the wife population D 14,876m2 (5,653m2, among them on July 21, 2010, into E forest land, and KRW 3,367m2, respectively

hereinafter referred to as “forest land before the instant partition”

(2) Of the instant contracts, the Plaintiff purchased KRW 105,00,000 of the purchase price of KRW 28,29,000, and purchased KRW 336,000 of the same forest as the same forest on July 10, 2010 in KRW 60,000 (27,000 on the provisional drawing) (hereinafter the aforementioned two sales contracts collectively referred to as the “instant sales contract”). The entire part of the forest land purchased by the Plaintiff prior to the instant division is “the instant land.”

(2) B received delegation from the Plaintiff of the disposition of ownership transfer registration under the instant contract for sale in lots from June 11, 2010 to September 20, 2010, the sales price of KRW 165,000 was deposited in the designated account under the Plaintiff’s name (Korean bank G), and upon the conclusion of the instant contract for sale in lots, the Plaintiff issued to the Plaintiff a written assurance of registration that promises to be responsible for and manage the sales price deposited in the Plaintiff’s account until the completion of the registration of ownership transfer.

3) However, B, prior to completing the registration of ownership transfer under the name of the Plaintiff with respect to the instant land, Nonparty H (hereinafter “H”) who is the actual president of the non-party company.

The total purchase price was paid to the non-party company upon its request.

C. Cancellation of the ownership transfer registration under the name of the non-party company.