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(영문) 창원지방법원 2016.06.24 2015가단85506
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant completed the registration of ownership transfer for reasons of sale on November 11, 201, as stated in the purport of the claim on December 16, 201, regarding Changwon-si's window C Apartment 1501 (hereinafter "the instant real estate"), which was owned by the Plaintiff.

At the time the Defendant completed the registration of the transfer of ownership, the registration of the establishment of a neighboring community, which is composed of 110,000,000 won with maximum debt amount, the Plaintiff, the mortgagee and the mortgagee of the right to collateral security, was completed.

[Ground for recognition] Unsatisfy, Gap evidence 2

2. Determination on the cause of the claim

A. The gist of the parties’ assertion 1) On November 11, 201, between D and the Defendant’s agent E, the purchase price of the instant real estate was KRW 150 million. The obligation of the loans secured by the instant real estate was concluded that the Defendant acquired, and the Defendant shall pay the remainder other than the loan, and the Defendant completed the registration of ownership transfer under the Defendant’s name. However, the Defendant delayed payment after the completion of the registration of ownership transfer, and the Defendant seeks to cancel the registration of ownership transfer. 2) The Defendant’s actual owner of the instant real estate asserted by the Defendant was D, but he transferred the instant real estate to E who operates F, instead of the investment amount.

The Defendant and the Defendant’s husband G (hereinafter collectively referred to as “Defendant, etc.”) worked in F operated by G-type E, and E transferred the instant real estate and the obligation of the loan to the Defendant on condition that the Defendant takes over, instead of paying the wage increase.

(i.e., payment of the difference between apartment value and the debt amount as the wage).

Judgment

Plaintiff

There is a fact that a contract for sale has been concluded as alleged, the entry of No. 3, and witness D's testimony are integrated into a witness E's testimony of the whole purpose of pleading.

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