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(영문) 울산지방법원 2018.02.14 2016가단68054
소유권이전등기
Text

1. The defendant shall receive KRW 150,000,000 from the plaintiff, and at the same time, shall be paid to the plaintiff on each land listed in the attached Table.

Reasons

On October 20 or around November 29, 2012 or around November 29, 2013, the Plaintiff asserted that, prior to the division from the Defendant, “Ulsan-gun C, Ulsan-gun, 3207 square meters of farmland and 3306 square meters of farmland and 4.06 square meters of farmland and 4.06 square meters of farmland and 3.06 square meters of land and 3.06 square meters of land and 10 million won in cash leased from the person holding the provisional registration right E, the Plaintiff sold part of the land divided from the land before the division to the Defendant, and then sold 2.36 million won to G, and brought the Defendant with all of the above sales proceeds after selling 214.7 million won, and the Defendant’s debt owed to H cooperatives and sold 459,84563 square meters of land and 2014.13 of each of the above divided land and disposed of more than the purchase proceeds of 10.2.

First, as to whether the Plaintiff entered into a sales contract with the Defendant to purchase the land before subdivision from the Defendant to the “one billion won”, there is insufficient evidence submitted by the Plaintiff and the witness I alone to recognize the amount of the purchase price claimed by the Plaintiff (the reason why the witness I’s testimony is viewed as a “insufficient evidence”) and there is no other evidence to acknowledge it differently.

Then, it is difficult to conclude that the above money was immediately transferred to a passbook in the name of the Defendant solely on the basis of the statement of deposit transaction and the following: (a) the money was deposited in the account of the Defendant, a person holding a provisional registration, from November 29, 2013; and (b) the transaction records in the above statement were recorded; and (c) the statement of deposit transaction was entered in the statement.

[2] On January 23, 2014, in the name of the above E, KRW 459,845,563, total amount of the Defendant’s loans to H cooperatives, was subrogated (A is recognized as three, but different.

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