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(영문) 대전지방법원 2017.01.19 2015가합107360
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The gist of the plaintiff's assertion "A. The land of this case was owned by the plaintiff, and the plaintiff and the defendant determined the price of each of the land of this case as KRW 570 million on February 18, 2014, and concluded a sales contract with the purport that the payment of the price shall be made to the plaintiff on the same day, and accordingly, the registration of ownership transfer of each of the land of this case was completed to the defendant. The plaintiff and the defendant concluded the above sales contract with the defendant without paying KRW 570 million. Since the plaintiff and the defendant had the obligation to pay the price of each of the land of this case to the third party, when the defendant sells each of the land of this case to the third party, he completed the registration of ownership transfer again before the completion of the registration of ownership transfer in the third party (hereinafter "each of this case"). Since the neighboring land including each of the land of this case had the obligation to pay the price of KRW 11,000,000,000 to the plaintiff, the defendant had the obligation to pay each of this case to the plaintiff and the defendant.

2. The judgment is based on the following: the sales contract (Evidence No. 2-1 of the Evidence No. 2 of the instant case) concerning each of the instant land written along with the instant written statement does not have the Defendant’s signature or seal; as well as the written statement No. 1 through No. 11 of the Evidence No. 11 (including the number of pages), and the overall purport of the oral argument, the Defendant’s written statement No. 2 of the instant written statement (Evidence No. 2-2)

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