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(영문) 부산지방법원 2019.12.03 2019가단1851
근저당설정등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. E’s purchase of real estate: (i) On November 19, 204, E, the father of the Plaintiff, purchased each of the real estate listed in the [Attachment Table Nos. 1, 2, 3, and 6 between F and G as of November 19, 2004; (ii) KRW 1180,000,000 won per contract; (iii) the intermediate payment of KRW 80,000,000 for each contract date; and (iv) the remainder of KRW 90,000,000 won on December 19, 2004; and (iv) concluded a sales contract with the contractor and four other persons to jointly receive the registration; and (v) paid KRW 80,00,000 to F, etc. on the same day.

(B) At the beginning of the Party, E and H were co-owners, but H renounced the buyer’s status on December 15, 2004 and delegated all the matters pertaining to the above sales contract to E. . She was a sole purchaser. She was agreed on November 24, 2004 that “I” each real estate listed in [Attachment List Nos. 4 and 5 (hereinafter referred to as “each of the instant real estate”) is referred to as “each of the instant real estate,” and individually, the real estate listed in [Attachment List Nos. 1] was sold for KRW 120,000,000,000,000, and E purchased the instant 4 and 5 real estate from I on January 26, 2005, and around that time, the registration of transfer of ownership in the name of F, G and I was omitted.

B. (i) The Defendants, upon receiving a proposal from E to make an investment of KRW 850 million with the purchase price of each of the instant real estate, paid KRW 425 million to E each of the instant real estate on January 24, 2005.

Shebly, the Defendants agreed with E on December 16, 2005 on the registration of ownership transfer of each of the instant real estate and the settlement of investment funds, respectively, shall be the joint name of the Plaintiff and the Defendants, who are the children of E, and the instant 5 and 6 real estate shall each be registered under the name of the Plaintiff, and the said real estate shall be sold and 60% of the sales amount shall be made.

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