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(영문) 서울서부지방법원 2019.01.30 2018가단219379
소유권말소등기
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 12, 2008, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from C Corporation in the amount of KRW 1,064,619,000 from sale price. On August 8, 2008, the Plaintiff registered the transfer of ownership on the instant real estate due to sale.

B. Around May 2013, the Plaintiff leased the instant real estate in KRW 200 million to the Defendant, who is the subject of the deposit, and the Defendant is residing in the instant real estate from that time.

C. On November 6, 2014, the Plaintiff sold the instant real estate to the Defendant; the sales price is KRW 1.09 billion; the down payment is KRW 240 million; the intermediate payment is KRW 500 million is paid on November 6, 2014; the payment is replaced by the Defendant’s succession to the Plaintiff’s obligation to pay to D Co., Ltd. (hereinafter “D”); the remainder is paid at KRW 35 million on November 13, 2014; and the Plaintiff, immediately after the receipt of the down payment, entered into a sales contract (Evidence 7) with a purport to pay KRW 240 million to D.

On November 13, 2014, the Defendant registered the transfer of ownership based on sale on November 6, 2014, with the transaction value of KRW 1 billion as to the instant real estate as the transaction value of KRW 1 billion.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 7, 8, 9, 14, Eul evidence Nos. 5 and 7, the purport of the whole pleadings

2. The plaintiff's assertion is selectively asserted as follows. A.

The Plaintiff agreed to trust the name of the instant real estate to the Defendant, and issued the documents necessary for the registration of transfer of ownership, such as the Plaintiff’s seal imprint certificate, identification card, and registration certificate.

However, in collusion with the plaintiff E, the defendant forged the sales contract of this case and registered the ownership transfer of this case to the defendant.

However, the above title trust agreement between the plaintiff and the defendant is null and void, and the registration accordingly becomes null and void, and the plaintiff is still the owner of the instant real estate.

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