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(영문) 광주지방법원 2018.05.11 2017나58150
소유권이전등기
Text

1. The judgment of the court of first instance is modified as follows.

Plaintiff

B The claim against the defendant limited liability company C is dismissed.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 3, and purport of the whole pleadings);

A. The plaintiff A is the father of the plaintiff B and the preliminary defendant (hereinafter "the defendant"), and the defendant company is the defendant D's representative director.

B. The real estate of this case was jointly owned by the Plaintiffs and Defendant D, respectively. However, on August 4, 2008, Defendant D completed the registration of transfer of ownership with respect to their own 1/3 share of 1/3 shares on the same day donation to the Defendant Company.

2. Plaintiff B’s claim against the Defendant Company

A. On October 2, 2008, Plaintiff B’s assertion and Defendants paid a total of KRW 2.5 billion including the money already paid by Plaintiff A to Defendant D, the Defendant Company agreed to transfer the Plaintiff’s share of KRW 1/3 of the instant real estate to Plaintiff B (hereinafter “instant agreement”), and Plaintiff A paid a total of KRW 2.5 billion to Defendant D before and after the instant agreement.

Therefore, pursuant to the instant agreement, the Defendant Company is obligated to transfer the Plaintiff B’s share of 1/3 of the instant real estate.

B. According to the reasoning of the judgment below, Gap evidence Nos. 5, 6, and 8-1, the plaintiff remitted 35 million won to defendant D on Nov. 15, 2006, and the plaintiff Gap lent 3,5 million won to defendant D on Sep. 22, 2008, and 80 million won on Sep. 24, 2008, 2008, 2.10 million won on Sep. 24, 2008, and 2.15 million won on Sept. 15, 2008, and the fact that F signed and sealed by defendant D on Oct. 15, 2008 (Evidence No. 5) written by F with the following contents.

On October 2, 2008, D, under the condition that D’s post-high school was known and developed from D, and D, on October 2, 2008, obtained 2.5 billion won from D, D, under the condition that D’s co-ownership shares in the instant real estate were transferred to B, and transferred the office within the G Motor Vehicle Research Institute used by D, and withdrawn this lawsuit, and then the parent’s property was followed.

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