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Reasons
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(영문) 의정부지방법원 2018.07.11 2017가단107667
소유권이전등기
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 7, 2016, the Plaintiff entered into a sales contract with Defendant B’s agent for the purchase of KRW 100 million (a down payment amounting to KRW 50 million on the day of the contract, KRW 50 million; KRW 50 million remaining on December 23, 2016; KRW 50 million, and KRW 50 million remaining on December 23, 2016; and entered into a sales contract with Defendant B to divide the jointly owned property after the transfer of ownership in the same way as the drawings attached thereto (hereinafter “instant sales contract”).

On December 8, 2016, the following day, the Plaintiff transferred KRW 20 million per contract to the G Bank account under Defendant B’s name, and KRW 30 million on December 8, 2016. On December 16, 2016, the Plaintiff wired the remainder of KRW 50 million.

E prepared a receipt for the remainder of KRW 50 million on December 16, 2016 as the agent of Defendant B and issued it to the Plaintiff.

B. On December 14, 2016, the Defendants, E, and H entered into an IS SPS joint agreement (hereinafter “instant joint agreement”) with the following terms and conditions.

Article 2 (Purpose) The purpose of this Agreement is to prescribe basic rights and obligations with respect to the development and sale of the land of this case and the land of Pyeongtaek-gun, Gyeonggi-do in carrying out the joint implementation project, and to smoothly carry out the project with mutual trust.

제3조(업무분담 및 지분비율) ◇ 피고 C ① 목적물의 소유자는 피고 C 명의로 한다.

② Defendant C shall be liable for the remainder of the sale and purchase of an object (510 million won) and shall be paid to the seller.

(3) Defendant C shall provide joint contractors with all documents necessary for the progress of the development, sale and construction of an object.

◇ 피고 B ① 피고 B은 목적물의 부동산 매매계약(2016. 11. 21.) 매수계약자로 8,000만 원을 지급하였다.

(2) Where Defendant C pays a balance on the object, the owner of the registration.

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