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(영문) 제주지방법원 2017.05.19 2016가단60234
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 11, 2015, the Plaintiff, the Defendant, and C concluded three real estate sales contracts and jointly purchased real estate.

In Jeju-si, 14,622 square meters in the purchase price of real estate for the purpose of the No. 1 Jeju-si, 2,777 square meters in the aggregate of 3,806,000 square meters in the area of 6,023 square meters in the 2,777 square meters in the 2nd Jeju-si, 2,777 square meters in the 3rd-si, Jeju-si, 3, 14,622 square meters in the 1,574 square meters in the 2,574 square meters in the 2,777 square meters in the 2,7777 square meters in the 2,000 square meters in the 25,000 square meters in the 1,50,000

B. The Plaintiff bears 750,000,000 won out of the above purchase price.

C. On December 8, 2015, land of 14,622 square meters in Jeju-si is divided into D orchard 6,461 square meters and J orchard 8,161 square meters. D.

On December 29, 2015, the Defendant drafted to the Plaintiff a letter of undertaking with the following content (hereinafter “instant letter of undertaking”).

Real estate for the above sale purpose is registered under the name of the defendant.

Jeju-si shall divide the J land into the Defendant and transfer the ownership in the name of the Plaintiff by February 29, 2016 after the transfer registration of ownership.

E. On December 30, 2015, the ownership transfer registration was completed under the Defendant’s name with respect to the land divided into J orchard 8,161 square meters in Jeju-si D orchard 14,622 square meters. On March 24, 2016, the said land was divided into J orchard 4,959 square meters in Jeju-si (hereinafter “instant land”) and K orchard 3,202 square meters in Jeju-si.

F. On May 11, 2016, the registration of ownership transfer was completed in the name of the Plaintiff’s husband L.

[In the absence of dispute, Gap 1 through 3 evidence, Eul 1 through 4 (including paper numbers), the purport of the whole pleadings]

2. The Plaintiff asserted as to the cause of the claim, while investing KRW 750,00,00 in the purchase of five parcels outside Jeju-si, the Plaintiff agreed to transfer the registration under the Plaintiff’s name until February 29, 2016, after completing the registration of transfer of ownership in the name of the Defendant, with respect to the purchase and division plan for the attached sheet C 5,080 square meters.

The Defendant on May 11, 2016, under the name of the husband of the Plaintiff on the instant land.

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