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(영문) 인천지방법원 2019.01.22 2018가합54346
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, on December 5, 2006, filed an application for joining the Plaintiff’s Union and written consent for purchase of land shares with the Plaintiff’s partner, and the said application for joining stated “the land purchase application area: 500 square meters.”

On the other hand, B, on the same day, agreed to a land share purchase agreement with the Plaintiff stating that “The total amount of KRW 260,000,000 (the contract amount of KRW 20% 52,00,000,000, the payment date, the balance of KRW 80% 208,000,000, and the payment date) of KRW 500,000 among the land in the instant case is agreed.”

B. B’s transfer registration of ownership and thereafter ownership change 1) The Plaintiff is the Plaintiff’s share 1652.9/2 of the 237,062 square meters of the 237,062 square meters of land in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant land”) on March 29, 2013.

As to March 22, 2013, the transfer registration was completed on the ground of the attribution of the trust property as of March 22, 2013. B is a corporation D (hereinafter “D”) with respect to the shares transferred out of the instant land on the same day.

In the future, the entire share transfer registration was completed on March 22, 2013, which was based on the trust as of March 22, 2013. 2) D had been completed on December 31, 2013 on the land of this case as of November 15, 2013, on the ground that part of the trust property as of November 15, 2013 was reverted to the trust property as of November 31, 2013. On March 30, 2015, B had completed the entire share transfer registration on the land of this case on March 11, 2015 on the ground that the trust property as of March 30, 2015 belongs to the trust property as of March 30, 2015, B completed the entire share transfer registration on the land of this case on March 30, 2015.

3) On December 9, 2015, E Union completed the entire share transfer registration to B on the ground that the trust property was reverted to B on December 4, 2015. 4) B sold the instant land to F and G on December 4, 2015, for KRW 300,000,000, and on December 9, 2015, the entire share transfer registration for the instant land was made in the future F and G.

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