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(영문) 서울중앙지방법원 2017.04.05 2016가합502703
소유권이전등기
Text

1. The plaintiff's claims are all dismissed.

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

Reasons

Basic Facts

The Plaintiffs, such as the conclusion of the first sale contract, are married couple, and Defendant C is the father of Defendant D.

Plaintiff

B On March 14, 2014, between Defendant C and Defendant C, the Plaintiff entered into a sales contract to purchase each real estate listed in the [Attachment 3 through 14] Nos. 3 through 14, as well as each real estate owned by the Defendant C, and the land size E (hereinafter “the first sale real estate of this case”) of 61m2,00,000,000 won at the time of the contract deposit, and the Plaintiff B shall pay KRW 20,000,000,000,000,000 won for the existing loan obligations of Defendant C, and on May 13, 2014, to pay the remainder of KRW 980,000,000 (hereinafter “the first sale contract of this case”).

In the column of the special agreement of the first sales contract of this case, the term "the remaining date shall be adjusted according to the loan schedule (the contract may be re-preparation, and shall be mutually cooperate)."

Plaintiff

B and Defendant C, on March 14, 2014, drafted a written agreement in addition to the first sales contract of this case, and the said written agreement contains the following:

① On the day following the lapse of five years from the time when the transfer registration of ownership was made to Plaintiff B, the first sale real estate of this case shall be sold again to Defendant C or to a person designated by Defendant C, and the second sale price of KRW 4.9 billion shall be paid to Plaintiff B and a person designated by Plaintiff B.

② Plaintiff B’s transfer of ownership of the instant first-sale real estate at the same time, and leased it to Defendant C without any separate lease deposit. Defendant C paid interest interest for the loan without any separate lease deposit, and the said interest is monthly rent plus KRW 10 million per month for the said loan interest. The lease period is from the transfer of ownership to the re-sale from the transfer of ownership.

Meanwhile, on March 14, 2014, Plaintiff B and Defendant C agreed to invest KRW 500 million in “F”, which is operated by Defendant C, etc., while Plaintiff B and Defendant C paid KRW 500 million, excluding taxes and public charges (transfer registration expenses) in accordance with the instant first sales contract among the said KRW 500 million, and the instant case.

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