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(영문) 서울서부지방법원 2014.07.18 2013가단23276

소유권이전등기등

Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant C is KRW 117,682,50, and the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant C jointly purchased forest E, 6,681 square meters (hereinafter “instant land”) in Gyeonggi-do as seen below, and Defendant B is the owner of the instant land, and Defendant D is a certified judicial scrivener in charge of the registration of transfer of ownership and establishment of collateral security rights on the instant land.

B. Upon the recommendation of Defendant C, the Plaintiff decided to purchase the instant land jointly with the said Defendant, and delegated the said Defendant with the authority to conclude a sales contract on the ratio of shares to be purchased by the said Defendant. On January 11, 2008, Defendant C transferred the purchase price of the instant land to Defendant B as the purchaser at KRW 245 million (the purchase price shall be reduced to KRW 220 million thereafter) with respect to the instant land, but the down payment of KRW 100 million shall be paid on the date of the contract, and the remainder of KRW 145 million shall be paid by January 30, 2008 without the intermediate payment (hereinafter “instant sales contract”). The Plaintiff transferred the down payment to Defendant B on the date of the conclusion of the sales contract.

(M) The payment of the remaining money seems to have been paid by Defendant C at the end of January 2008. (C)

On March 11, 2008, Defendant B registered the Plaintiff the right to claim ownership transfer on the ground of the pre-sale agreement with respect to 3,060 shares out of the instant land. On August 8, 2008, Defendant B revoked the above provisional registration on August 8, 2008, and transferred the registration of ownership transfer on the ground of sale for one-half shares out of the instant land to the Plaintiff and Defendant C, and issued the certificate of right to registration.

However, without regard to the Plaintiff, Defendant C set up the right to collateral security against the Defendant B, the debtor, and the mortgagee, with the maximum debt amount of KRW 15 million on August 8, 2008, where the ownership transfer registration with respect to the instant land was made under the name of the Plaintiff and himself, and the right to collateral security with the amount of KRW 15 million, respectively.