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(영문) 서울중앙지방법원 2017.09.08 2016가단41003
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 19, 2002, the Defendant completed the registration of ownership transfer on June 27, 2002 with respect to the 350/990 shares and 320/990 shares out of the 350 square meters (hereinafter “C land”) from the 350/990 square meters in Yongsan-si, Busan-si, and the 320/990 square meters in the D land (hereinafter “D land”). Nonparty E completed the registration of ownership transfer on September 19, 202 with respect to the 320/990 shares among the land and 320/990 shares among D land on September 19, 2002.

B. On April 20, 2004, the defendant completed the registration of ownership transfer based on the division of co-owned property on April 19, 2004, and Eul completed the registration of ownership transfer based on the division of co-owned property on April 20, 204 as to D land on April 20, 2004.

C. Nonparty F completed each registration of ownership transfer on October 2, 2006 with respect to land C and D on October 10, 2006, based on sale on October 2, 2006.

On the other hand, the Plaintiff filed a lawsuit against the Defendant, etc. against the Seoul Northern District Court 2013Da50951, which filed a claim for ownership transfer registration of land C and sought payment of part of the purchase price that the Defendant sold and received as C and D land. However, the above court rendered a judgment against the Plaintiff. The Plaintiff was sentenced to dismissal in the case as Seoul Northern District Court 2014Na22541, which is the appellate court, and the Plaintiff was sentenced to dismissal in the case as the appellate court’s Supreme Court Decision 2015Da240348,

[Reasons for Recognition: Entry of Evidence Nos. 2 and 4 and the purport of the whole pleadings]

2. The plaintiff's assertion

A. On September 19, 2002, the Plaintiff purchased C’s land from Nonparty G in KRW 220,000,000. On June 24, 2002, the Plaintiff paid KRW 50,000 to G as the down payment, and the intermediate payment of KRW 50,000,000 from Nonparty F was borrowed and paid from Nonparty F. The remainder was loaned and paid under the Defendant’s name on September 19, 2002. On May 18, 2005, the Plaintiff borrowed and repaid all the remainder in the name of H, a corporation, the representative of which was H.

B. The Plaintiff’s land from E on May 22, 2005 KRW 650,00,000.

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