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(영문) 수원지방법원성남지원 2015.08.19 2015가합200469
소유권이전등기
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant is KRW 16,971,960 to the plaintiff A, and KRW 129,396,370 to the plaintiff C.

Reasons

1. Facts of recognition;

A. The plaintiffs are legally married couple, and the defendant is the children of the plaintiffs.

B. On September 28, 1999, the Plaintiffs entered into a title trust agreement (hereinafter “instant title trust agreement”) with the Defendant to purchase the apartment units listed in the attached list (hereinafter “instant apartment”) under the name of the Defendant, and entered into a sales contract with the F (regional) housing association to purchase the instant apartment units in the name of the Defendant, and completed the registration of initial ownership on December 31, 2002 in the name of the Defendant.

C. According to the instant title trust agreement, Plaintiff C paid KRW 15,855,520,000,000 for the sale price of the instant apartment, as well as KRW 1,396,370, out of the total amount of 15,85,520,00 for the management expenses and property taxes for the instant apartment. Plaintiff A paid KRW 2,512,810 (registration tax, KRW 814,960, acquisition tax, KRW 1,697,850), and KRW 14,459,150 of the registration tax and acquisition tax for the instant apartment, and the management expenses and property tax for the instant apartment.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers), and the purport of the whole pleadings

2. Judgment as to the main claim

A. As the primary cause of the instant claim, the Plaintiffs asserted that the Defendant purchased the instant apartment from the F (Regional Housing Association) Housing Association, and thereafter donated the instant apartment to the Plaintiffs on April 24, 2000, that the Defendant is obligated to implement the procedure for the registration of ownership transfer for each of the instant apartment 1/2 shares among the instant apartment 1/2 shares due to the said donation.

B. According to the evidence No. 1, it is recognized that a sales contract was made with the content that the Defendant, on April 24, 2000, intended to sell the apartment of this case to the Plaintiff C with the price of KRW 128 million.

However, we can find out the facts of recognition as seen earlier and the purport of Gap evidence Nos. 1 and 4 as a whole.

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