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(영문) 대구고등법원 2016.06.22 2015재나20
소유권확인
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The following facts are apparent in the records of the judgment subject to a retrial:

On February 24, 2012, the Plaintiff concluded a sales contract with the Daegu District Court 2012Ga2075 to purchase the second real estate from the Hand home on April 24, 2008. On April 24, 2008, the Plaintiff concluded a sales contract with the Defendant to purchase the first real estate from the Hand home to 250,000,000 won. On April 28, 2008, the Plaintiff concluded a sales contract with the Hand home to purchase the second real estate from the Hand home to 440,000,000 won, and completed the registration of ownership transfer under the name of the Plaintiff with respect to the first real estate. On the same day, the Hand home sold the second real estate to the Defendant on June 4, 2008, and completed the registration of ownership transfer under the name of the Plaintiff and the 201st real estate transfer on the ground that the Plaintiff actively exchanged the second real estate under the above double sale contract and concluded the registration of ownership transfer procedure with the Plaintiff.

B. Although Daegu District Court collected all evidence submitted by the Plaintiff on January 7, 2014, it did not conclude a contract between the Plaintiff and the Defendant to exchange the first real estate with the second real estate.

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