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(영문) 수원지방법원성남지원 2016.08.12 2015가단24125

소유권이전등기말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or each of the statements in Gap evidence Nos. 2, 3, 7, and Eul evidence Nos. 1 through 7 (including a serial number; hereinafter the same shall apply), the court's order to submit financial transaction information to the President of the Korea Standards Agency, the results of this court's order to submit financial transaction information, the witness C, D's testimony, and witness E's partial testimony, and the evidence submitted by the plaintiff alone is insufficient to reverse the above recognition.

On February 25, 2015, the Plaintiff granted the power of representation to Nonparty E (G employees located in Jongno-gu Seoul F) for all acts related to the contract, such as the conclusion of the sales contract and the receipt of down payment of real estate listed in the attached Table (hereinafter “instant real estate”).

B. On February 25, 2015, E, D (the secretary of the office of certified judicial scrivener H), I, and J representing the Plaintiff, were only conducted at the above G office on behalf of the Defendant, and on February 25, 2015, the Plaintiff’s agent E entered into a sales contract (hereinafter “instant sales contract”) with the Defendant’s agent and the purchase price of KRW 170,000,000 for the instant real estate (the contract amount of KRW 50,000 for the contract amount of KRW 50,000,000 for the contract amount of KRW 70,000 for the contract amount of KRW 50,000 for the contract amount, the balance of KRW 50,000 for the Defendant’s succession, the remainder of KRW 50,00,00 for the Defendant’s payment on March 10, 2015).

C. According to the instant sales contract, the Defendant remitted the down payment of KRW 50,000,000 to the account of a certified judicial scrivener H in accordance with the instant sales contract, and C paid the said KRW 50,000,000 to E in addition to paying KRW 24,00,000 to E, as required by E.

On March 9, 2015, the Defendant remitted the remainder of KRW 50,000 to the said H’s account. C along with E on March 12, 2015, as the Plaintiff’s office, signed and sealed the documents for application for ownership transfer registration of the instant real estate pursuant to the instant sales contract, and received documents necessary for the registration of transfer, such as a certificate of personal seal impression, a certificate of registration of rights, etc., from the Plaintiff. At the request of E, M, E, and I.