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(영문) 대구지방법원 의성지원 2018.07.25 2017가단10222
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B, around 2003, did not specify the term of lease of each of the instant lands from Defendant C, who was the owner of each of the instant lands, and leased each of the instant lands to Defendant C at rent rate of 200 hours per year.

B. Defendant B cultivated drillings on each of the instant lands, and began to grow 600 saccine trees (hereinafter “instant fruit trees”) from 2007.

C. On February 9, 2009, the Plaintiff paid KRW 12 million to Defendant B, in consideration of the fact that Defendant B raised the instant fruit trees for about two years since 2007.

On March 26, 2009, Defendant B entered into a contract with the Korea Rural Community Corporation through Defendant C to purchase the instant land in KRW 48 million. Defendant B paid KRW 7,100,000 to the Korea Rural Community Corporation and paid KRW 40,90,000 to the Korea Rural Community Corporation each year after borrowing KRW 40,90,000 from the Korea Rural Community Corporation.

On the other hand, in order to secure the above loans on March 30, 2009, the Korea Rural Community Corporation completed the registration of creation of a neighboring mortgage on each of the land of this case, including the maximum debt amount of 57.26 million won, and the debtor B.

E. On March 24, 2009, the registration of transfer of ownership between the defendant C and the Korea Rural Community Corporation was completed on March 23, 2009 between the defendant C and the Korea Rural Community Corporation. On March 30, 2009, the registration of transfer of ownership was completed on March 26, 2009 between the defendant C and the defendant B prior to the sale under the name of the defendant B.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1-6 evidence (including numbers, if any, and hereinafter the same shall apply), the result of the personal examination of defendant B, the purport of the whole pleadings

2. The plaintiff's assertion and judgment on the issues of this case

A. On March 26, 2009, the Plaintiff asserted that each of the instant land was purchased from Defendant C by lending it only in the name of Defendant B.

Therefore, the Plaintiff’s land of this case.

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