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(영문) 창원지방법원밀양지원 2014.04.09 2013가단1695

소유권이전등기

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 Plaintiff intended to comply with the request for the acquisition of the land by the Gyeong-gun, Gyeong-gun, Gyeong-gun (hereinafter “instant land”) on the grounds that the Plaintiff did not want to acquire the land, but failed to comply with the said request, and the transfer income tax was imposed. Accordingly, the Plaintiff discussed how to sell the instant land to D who was the owner of the instant land, instead of the ownership transfer registration, and to enjoy tax reduction benefits by selling it again to the Gyeong-Gun.

B. On December 18, 201, the Plaintiff: (a) held a general meeting on December 18, 201, when the appraisal of the instant land was sold to the 22,776,000 won or less; (b) held a transfer income tax in order to enjoy tax reduction benefits; (c) held a form of selling the instant land to D with the owner of the instant land, and sold it to D; and (d) sold it to Y and enjoy tax reduction benefits for one house for one household; and (e) held a resolution that all sales proceeds revert to a clan.

C. On January 14, 2012, the Plaintiff held a general meeting and resolved to sell the instant land to D.

On March 2, 2012, the Plaintiff entered into a contract with D to sell and purchase the instant land at KRW 11,00,000 (hereinafter “instant sales contract”) and accordingly completed the registration of ownership transfer with D on March 5, 2013, and received KRW 11,00,000 from D.

E. D did not sell the instant land to the Si/Gun, and sold at will KRW 26,00,000 to the Defendant on December 18, 2011, unlike as otherwise determined by the resolution of the general meeting of the shareholders on December 18, 201, and completed the registration of ownership transfer with respect to the instant land to the Defendant on June 26, 2012, and arbitrarily consumed the purchase price received from the Defendant without paying to the Plaintiff.

F. The Plaintiff filed a complaint that D sold the instant land to the Defendant, not the Defendant, who was not the Defendant, and did not return the sales amount. D.