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(영문) 전주지방법원정읍지원 2017.11.28 2016가단3452
소유권이전등기절차이행청구
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 February 199, the Defendant purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from C in KRW 88,500,000, as the Plaintiff’s punishment.

B. On February 22, 1999, the Plaintiff paid KRW 10,000,000 to the Defendant. On March 31, 1999, upon the Defendant’s request, the Plaintiff paid KRW 64,60,000 out of the purchase price of the instant real estate.

C. The Defendant completed the registration of ownership transfer on April 2, 199 with respect to the instant real estate.

The defendant paid to the plaintiff KRW 4,268,00 on January 2, 2001, KRW 3,900,000 on November 2002, and KRW 4,000,00 on December 28, 2004, and KRW 80,000 on May 20, 2005.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 2, and 3 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. After the plaintiff's assertion completed the registration of ownership transfer on the real estate of this case with the plaintiff's funds, the plaintiff transferred the ownership of the real estate of this case to the defendant on April 4, 1999, and the defendant promised to transfer the ownership of the real estate of this case to the plaintiff five years after the plaintiff.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on April 4, 199 with respect to the real estate of this case to the plaintiff.

B. The defendant asserted that the defendant purchased the real estate of this case by borrowing money from the plaintiff, and only repaid all the above borrowed money, and did not have donated the real estate of this case to the plaintiff.

Even if the Defendant decided to donate the instant real estate to the Plaintiff,

Even if the plaintiff's right to claim for transfer of ownership has expired by prescription.

3. The following circumstances revealed in light of the above-mentioned facts and the purport of the entire pleadings, namely, the Defendant borrowed money from the Plaintiff and purchased the instant real estate, and thereafter, paid KRW 80,000 to the Defendant on May 20, 2005.

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