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(영문) 대구지방법원 2014.01.07 2012가합2075

원상회복등기등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s husband D supplied another and a change used for the construction of a new F building in Nam-gu, Daegu-gu. D and Hand home agreed to complete the registration of ownership transfer in the Plaintiff’s future with respect to the real estate listed in paragraph (1) of the attached Table (hereinafter “instant lending No. 101”) instead of the payment of the price of goods to be supplied by hand. Accordingly, on April 28, 2008, the Plaintiff concluded a sales contract on the hand home and the instant lending No. 101.

B. On April 28, 2008, Hand home completed the registration of ownership transfer with the Daegu District Court No. 10964 on April 28, 2008 as to the Plaintiff’s loan No. 101, and the same year.

6. 4. The registration of ownership transfer was completed on June 4, 2008 with the receipt of No. 14469 on the real estate listed in [Attachment List No. 2 (hereinafter “instant loan”) to Defendant B.

C. After that, with regard to subparagraph 101 of the loan of this case, the registration of transfer of ownership in the name of the defendant B was received on July 9, 2008 from the above court on July 9, 2008 to the above court No. 17648 on July 1, 2008, and the registration of transfer of ownership in the name of the defendant C was completed on May 26, 2009 from the receipt of May 26, 2009 to the court No. 11655 on April 20, 209. As to subparagraph 102 of the loan of this case, the registration of transfer of ownership in the name of the plaintiff was completed on July 9, 2008 with the court No. 17649 on July 9, 2008.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 14, 18-1, 2, 19, 20, 29, Eul evidence 1, Eul evidence 2, and 4, and the purport of the whole pleadings

2. The plaintiff's assertion

A. On April 24, 2008, the Plaintiff made an oral contract to purchase Handbags and 102,000,000 won of the purchase price. On the same day, the Plaintiff borrowed 250,000,000 won from Nong Bank Co., Ltd. and paid all to Handbags.