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(영문) 대구지방법원 2016.09.22 2016나302845
소유권이전등기말소등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The defendant married with G around 1980, but a consultation was married on August 12, 1999.

B. On March 24, 1997, G and the Plaintiff on behalf of the Defendant jointly purchased 1/2 shares of 1,775 square meters (hereinafter “instant real estate”) from H each of the F in Daegu-gun, Daegu-gu, and the purchase price of KRW 69,80,000 shall be borne by the Defendant and the Plaintiff, and the ownership transfer registration shall be made in the name of the Defendant, and the registration certificate, sales contract, intermediate payment, and remainder payment receipt shall be made in the name of the Defendant. The Plaintiff agreed to keep the same.

C. G completed the registration of transfer of ownership in the name of the Defendant on behalf of the Defendant on April 19, 199 by the Seogu District Court Branch Decision 19337, which was received on April 19, 1999, and was made on March 25, 199.

H died on May 28, 2003, and C, D, and E inherited the Deceased, who was a co-defendant of the first instance trial, as his/her child.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 5, Eul evidence Nos. 1 and 5, testimony of witness G of the first instance trial, the purport of the whole pleadings

2. In full view of the overall purport of the arguments and arguments as to the cause of the claim, the buyer’s column of the sales contract dated March 24, 1997 on the instant real estate indicated as “the Plaintiff and one other,” and the buyer’s column of the sales contract dated March 25, 1999 attached to the registration certificate, indicated as “the Defendant” as “the buyer’s column of the sales contract on March 25, 1999. The registration certificate and the sales contract, the intermediate payment and the receipt for remainder payment are all kept by the Plaintiff. The Plaintiff paid H an intermediate payment of KRW 31,80,000 and the remainder of KRW 30,000,000 to H, respectively, and H issued two copies of receipts to the Plaintiff.

According to the above facts, the plaintiff and the defendant bear half of the purchase price and jointly purchase the real estate of this case from H, and only the name of registration to the defendant.

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