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(영문) 서울동부지방법원 2016.06.23 2015가합102666
부동산지분이전등기말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is the small father of the plaintiff's wife C.

B. The Plaintiff, the Defendant, the Defendant’s wife D, and the Plaintiff’s wife E shall complete the registration of ownership transfer with respect to the building of the second-class neighborhood living facilities of the Plaintiff, the Defendant, the Defendant, the Defendant’s wife D, and the Plaintiff’s wife, and the second-class neighborhood living facilities of the Plaintiff, the F. 423.5 square meters of land and the second-class underground floor of the ground, the nine-story, the 1793, the 11794, and the 11785 of the receipt on April 3, 2007, as to the second-class neighborhood living facilities of the Plaintiff (hereinafter “instant real property”). The Plaintiff completed the registration of ownership transfer with respect to the E’s co-ownership as one.

C. Since then, the defendant completed the registration of ownership transfer as to 1/10 of E's shares among the real estate of this case due to sale on July 20, 2009 with No. 17196 of the same registry office as of July 10, 2009, and thereafter, the plaintiff: D shares at the ratio of 3: 4.

On the other hand, on April 24, 2007, the Defendant purchased the instant real estate on April 24, 2007, four collateral security (total amount of KRW 2.646 billion) established on the instant real estate under the sole name of the Defendant. Even after that, the Defendant took over the instant real estate under the sole name of the Defendant and took charge of debt management, such as creating a mortgage on the instant real estate and cancelling all the establishment registration of a mortgage on the existing real estate. On May 4, 2012, the instant real estate was completed on May 4, 2012, the establishment registration of a mortgage consisting of the Nong Bank, the debtor, the Defendant, and the maximum debt amount of KRW 2.4

E. On May 22, 2014, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 1183 million (temporary payment) with respect to KRW 3/10 of the Plaintiff’s share in the instant real estate, and the seller (Plaintiff) with respect to obligations and taxes related to the instant real estate, and the buyer (Defendant) entered into a sales contract with the Plaintiff to succeed to deposit money and agricultural loans equivalent to the Plaintiff’s share (hereinafter “instant sales contract”). Accordingly, the registration of ownership transfer as the receipt of the same registry office on May 26, 2014 is under Article 10419.

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