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(영문) 제주지방법원 2017.07.21 2016가단9352

소유권이전등기

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

A. On December 28, 2015, the Defendant completed the procedure for the registration of transfer of ownership on September 8, 2015 with respect to the area of 2,456 square meters prior to Seopopo-si, Seopo-si, Seopo-si, D on the grounds of sale on September 8, 2015. On December 8, 2015, the said land was divided into C prior to C, and the land category was changed from D, 989 square meters (hereinafter “instant two land”). On May 4, 2016, the registration of transfer of ownership was completed in the name of the Plaintiff on May 4, 2016.

B. On the ground of the instant case 2, a single house (hereinafter “instant building”) was newly built, and on May 13, 2016, registration of ownership preservation was completed in the Plaintiff’s name.

[Ground of recognition] The plaintiff asserted the purport of the whole arguments and statements in Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply) shall bear the sale fund for the land of this case with the defendant, the plaintiff shall complete the registration of ownership transfer under the name of the defendant, and shall pay 10,000,000, the intermediate payment and the remainder of 259,70,000,000 as land sale price to the defendant when requested by the plaintiff after completing the registration of ownership transfer under the name of the plaintiff (hereinafter "the agreement of this case"), and paid 21,09,70,000,000 won as land sale price, and 15,019,019,019,000,000 won as well as 18,000,000 won as expenses for constructing the building of this case, and 7,000,000 won as automobile purchase price.

Therefore, the Defendant is obligated to transfer the registration of ownership transfer concerning the land of this case to the Plaintiff pursuant to the agreement of this case.

If the instant agreement is deemed null and void as it constitutes a contract title trust, the title trustee shall return the loss incurred by the title truster as unjust enrichment, and the Defendant is obligated to pay the Plaintiff the purchase funds provided by the Plaintiff, which constitute KRW 161,095,000, corresponding to the land of this case, and the delay damages therefor.

. Determination.