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(영문) 제주지방법원 2017.07.25 2016가단11720
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is based on sale on August 3, 2016.

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on February 14, 1990 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”). On August 25, 2000, the Plaintiff’s assistant intervenor completed the registration of provisional disposition with respect to each real estate of this case on the same day after receiving a provisional disposition order issued by Jeju District Court 200Kadan6110 on August 25, 200.

B. On April 15, 2015, the Plaintiff’s Intervenor agreed with the Defendant as follows (hereinafter “instant agreement”).

1. The Defendant’s written agreement of each of the instant real estate (Evidence A No. 3) states only the land stipulated in attached Table No. 1, but considering the fact that the Plaintiff’s Intervenor received a provisional disposition order and completed a provisional disposition registration with respect to each of the instant real estate, and thereafter, the Defendant applied for the revocation of the provisional disposition order with respect to each of the instant real estate, it is reasonable to interpret that the Plaintiff’s Intervenor and the Defendant’s intent as the object

Jeju District Court 2015Kadan136 with respect to the revocation of the provisional disposition shall withdraw the application.

2. The Plaintiff’s Intervenor sold each of the instant real estate and paid a certain amount of the purchase price (the amount equivalent to KRW 30 million incurred while the Defendant kept the said real estate and the rental cost incurred under the title trust) to the Defendant.

C. On August 3, 2016, the Plaintiff concluded a sales contract with the Plaintiff’s Intervenor who represented the Defendant to purchase each of the instant real estate amounting to KRW 130 million (hereinafter “instant sales contract”).

The Plaintiff paid the Plaintiff’s Intervenor the purchase price of KRW 130 million, including the remainder of KRW 15 million on August 3, 2016, and KRW 15 million on August 17, 2016, to the Plaintiff’s Intervenor.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim.

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