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(영문) 서울동부지방법원 2017.06.21 2016가단110360
보증금반환
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. On April 22, 2014, the Plaintiff: (a) leased the Songpa-gu Seoul Metropolitan Government D Road Name Address: 10,000,000, deposit money for KRW 110,000,000, and the period from June 27, 2014 to June 26, 2016, among the multi-family houses on the 3rd floor in Songpa-gu Seoul, Songpa-gu (hereinafter “instant house”); and (b) the entire building including the instant house was referred to as “multi-family house”).

B. After that, on August 19, 2014, F, an son of C, completed the registration of ownership transfer on August 11, 2014 with respect to multi-family houses.

C filed an application for provisional injunction on the ground that the above transfer registration of ownership is null and void, and the provisional injunction was registered on December 23, 2014 in accordance with the Incheon District Court Decision 2014Kahap1047.

C. On December 31, 2014, the Defendant, a spouse of F, completed the registration of ownership transfer based on the division of property on the multi-family house on November 18, 2014.

C filed an application for provisional injunction on the ground that the above transfer registration of ownership is also null and void, and the provisional injunction was partially registered on February 3, 2015 in accordance with the Seoul Northern District Court Order 2014Kahap1047, Seoul Northern District Court Order 2014Kahap1047.

C On March 27, 2015, the Seoul East Eastern District Court 2015Kadan108483 filed a lawsuit against the defendant to cancel the registration of ownership transfer.

On October 4, 2016, the court decided that C had a duty to cancel the registration of transfer of ownership in F name since C had no intention at the time of entering into the gift contract with F with respect to multi-family house, and the transfer of ownership in F name is null and void.

On January 9, 2017, F and the defendant's transfer of ownership was canceled on the basis of the above judgment.

E. Meanwhile, on January 20, 2016, the Plaintiff (Buyer) entered into a sales contract with G (seller) with the price of KRW 346,00,000 with the Songpa-gu Seoul H building and A Dong 601 (hereinafter “instant sales contract”).

Down payment 10,000.

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