beta
(영문) 대전지방법원 2017.06.14 2016나106467

소유권이전등기

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 7, 2006, the Plaintiff entered into a pre-sale agreement and the establishment of provisional registration with the Defendant, on March 30, 2007, with respect to the instant real estate owned by the Defendant, and on March 30, 2007, the date of completion of the pre-sale agreement, and on March 30, 2007, entered into a pre-sale agreement with the effect that the trade is completed as a matter of course, even if there is no declaration of intent to complete the pre-sale agreement (hereinafter “instant pre-sale

Accordingly, on December 11, 2006, the Plaintiff completed the provisional registration of the right to claim transfer of ownership based on the instant trade reservation (hereinafter “provisional registration of this case”).

On December 7, 2006, the Plaintiff entered into a purchase and sale promise with the Defendant on behalf of D on December 7, 2006, with respect to D’s share (1075.21/95, hereinafter “use real estate”) in D’s wife E 9505 square meters of forest land owned by D, and KRW 50 million of the purchase price, and the date of completion of the purchase and sale promise on March 30, 2007. Upon the completion of the contract, the Plaintiff entered into a purchase and sale promise with the effect that the purchase and sale is completed as a matter of course without the declaration of intent to complete the purchase and sale agreement (hereinafter “sale reservation on real estate for use”). The Plaintiff entered into a purchase and sale promise with respect to real estate at the time of the instant purchase and sale agreement.

Accordingly, on December 11, 2006, the plaintiff completed the registration of the right to claim transfer of ownership based on the purchase and sale reservation.

On November 10, 2006, the Plaintiff transferred to the non-party company’s account the amount of KRW 10 million to the non-party company’s account, KRW 20 million on December 7, 2006, KRW 7 million on December 16, 2006, KRW 7 million on December 16, 2006, and KRW 13 million on December 22, 2006.

[Reasons for Recognition] There is no dispute between the parties, as well as the statements in Gap evidence 1 through 5 [A], and there is no dispute between the parties that the seals are affixed to the defendant's name.