(영문) 수원지방법원 여주지원 2018.11.07 2017가단51155

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(영문) 수원지방법원 여주지원 2018.11.07 2017가단51155

소유권이전등기

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1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The defendant C is not a party to the plaintiff, but a party to the lawsuit is not a party to the lawsuit.

Reasons

1. Facts recognized;

A. On May 13, 2015, the Defendants purchased the land listed in attached Table 1 in the name of E and two (2) persons, namely, KRW 1,040,000,000, and paid KRW 120,000 as the down payment on the same day to D.

B. The Defendants agreed to share 1/2 shares in the remaining land because they failed to resell the proceeds accrued from the resale of the land in the annexed Table 1 by one half of the costs (hereinafter the instant agreement).

C. After the instant agreement, all of the land listed in the attached Table 1 was transferred from the name of another person under the name of another person on the ground of sale, and the land listed in the attached Table 1, 2, 3, and 5 was divided as shown in the attached Table 2.

Attached Form

With respect to the land list 2, Defendant B completed each registration of ownership transfer relating to the portion of the instant real estate, E’s spouse relating to land Nos. 3, 6, 16, 19, and his children as to land No. 20 and 21.

E. On February 13, 2017, Defendant C drafted a written confirmation of the intent to transfer to the Plaintiff the settlement amount or real estate share arising under the instant agreement to repay the monetary obligation to the Plaintiff (hereinafter “instant accord and satisfaction agreement”).

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 through 4, 9, 10, and 12, witness G testimony, the purport of the whole pleadings (including documentary evidence numbers)

2. The assertion and judgment

A. The plaintiff's claim 1) The plaintiff's claim against the defendant Eul has the right to claim the registration of the transfer of the share of the real estate in this case pursuant to the payment agreement in this case, and the defendant C has the right to claim the registration of the transfer of the share in this case against the defendant Eul pursuant to the agreement in this case, so the plaintiff's claim against the defendant Eul as the right to claim the registration of the transfer of the above share in this case against the defendant Eul, and the defendant Eul is entitled to claim the registration of the transfer of the above share in this case by subrogation

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