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(영문) 울산지방법원 2017.02.08 2015가합22751
소유권이전등기 등 청구의 소
Text

1. As to shares of each real estate listed in separate sheet 1 and 2, 1/2:

A. Defendant B is against Defendant C.

Reasons

Based on the facts, Defendant B is the father and wife of the Plaintiff, and Defendant C is the seller of each real estate listed in Articles 1 and 2 of the attached Table Nos. 1 and 2 (hereinafter “instant real estate”). Defendant D is the seller of each real estate listed in Articles 3 and 4 of the attached Table Nos. 3 and 5 of the attached Table Nos. 5 and the ownership of 20.9/947 of the real estate listed in the attached Table No. 5 of the attached Table No. 5 (hereinafter “instant real estate No. 2”), and is the seller of each real estate listed in the front line No. 1 of the instant real estate.

On June 26, 2013, the Plaintiff and Defendant B purchased real estate No. 1 from Defendant C for KRW 800 million in the purchase price, including transfer of ownership in the name of Defendant B as to the 1/2 share of the instant real estate No. 1/2.

The Plaintiff paid KRW 200 million on June 26, 2013, and KRW 200 million on July 15, 2013 to Defendant C, respectively, through Defendant B, paid KRW 400 million to Defendant C on August 16, 2013.

The purport of the Evidence No. 6 through 8 and the overall purport of the pleadings is as follows. The registration of the Ulsan District Court on August 16, 2013 and the registration of transfer of ownership in the name of the defendant B (hereinafter “the registration of transfer of ownership No. 1”) was completed on June 26, 2013 with respect to the one-half share of the real estate No. 1 in the instant case.

With respect to the remaining one-half shares, the registration of ownership transfer in the name of the plaintiff was completed.

Nos. 9 and 10 of A. 9. The contract (Evidence No. 16) on August 20, 2014, including the transfer of ownership in the name of Defendant B regarding the instant real estate No. 2, indicated as August 20, 2014. However, the Plaintiff stated that the purchase and sale contract was concluded on July 31, 2014.

Defendant B prepared a real estate sales contract with the content that Defendant B purchased the instant real estate of KRW 890 million from Defendant D with the purchase price of KRW 890 million.

No. 16 of A. The Plaintiff paid the KRW 100 million on August 1, 2014 through Defendant B, and KRW 300 million on August 20, 2014 to Defendant D, respectively.

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