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(영문) 춘천지방법원 2019.09.25 2019가합50208

소유권이전등기

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1. With respect to the area of 4,470 square meters prior to H in Chuncheon:

A. Defendant G respective shares of 1/3 to Defendant C, Defendant D, E, and F.

Reasons

1. Presumed factual basis

A. The plaintiffs asserted that they concluded the instant sales contract around February 28, 1994. However, the sales contract (Evidence A2) does not state the contract date, and the plaintiffs paid part of the purchase price on February 3, 1994, the instant sales contract was concluded around February 1994.

I agreed that I shall purchase 1/2 shares of the remaining 1.5 million won in the contract amounting to KRW 230 million (in case of a contract amounting to KRW 25 million, an intermediate payment of KRW 100 million on February 3, 1994, and each payment of KRW 1.5 million on February 28, 1994), and I and I agreed that “I shall submit all necessary documents to the plaintiffs designated by the plaintiffs at the time of transfer of name.”

(hereinafter referred to as “instant sales contract”). B.

Plaintiff

B, on February 3, 1994, the cashier's checks consisting of 50 million won in total at face value, and on February 26, 1994, the cashier's checks consisting of 53 million won in total at face value were issued to I, and I, on February 28, 1994, issued receipts to the plaintiffs that they received the full amount of the purchase price (230 million won).

C. On May 10, 1994, I prepared a sales contract stating that the land of this case was sold to Defendant G for KRW 11,936,00,000,000, and as a result, I completed the registration of ownership transfer on the land of this case before subdivision on May 23, 1994.

Before subdivision, the instant land was divided into 4,470 square meters prior to H on May 31, 2012 (hereinafter “instant land”).

E. I died on March 24, 1997, and he succeeded to the network I by Defendant C, Defendant E, D, and F, the denied child.

【Fact-finding without dispute over the basis of recognition, Gap evidence Nos. 1, 2, 3, 5, 11 (including numbers, hereinafter the same shall apply), the fact-finding results on the Chuncheon market by this court, the purport of the whole pleadings

2. Whether or not a three-party title trust agreement exists.