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(영문) 인천지방법원 2018.06.28 2017가단245001
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that while the defendant had not repaid money from the plaintiff over a number of years, he did not lend money to the plaintiff, and recognized that he had not repaid money to the plaintiff, he would sell 5.4 million won of the real estate of this case at KRW 5.71 square meters, and requested to pay only the remaining 2,4.6 million of the purchase price after deducting the above amount of 35.4 million of the purchase price.

Accordingly, on April 26, 2012, the Plaintiff and the Defendant determined the sales price of KRW 571 square meters among the instant real estate as KRW 60 million, and entered into a sales contract on the condition that the full payment of the sales price was made on the same day (hereinafter “instant sales contract”). On the same day, the Plaintiff, at the Defendant’s request, remitted to the Defendant the remainder of KRW 24.6 million after deducting the loans that had not been repaid out of the sales price.

Therefore, the Defendant is obligated to implement the procedure for ownership transfer registration with respect to the instant shares to the Plaintiff.

2. According to the evidence Nos. 1 and 3 (including additional numbers), the facts that the instant sales contract was concluded between the Plaintiff and the Defendant, and the Plaintiff’s transfer of KRW 24.6 million to the Plaintiff on April 26, 2012 are acknowledged, but it is insufficient to acknowledge the fact that the Defendant paid KRW 35.4 million to the Plaintiff at the time of entering into the instant sales contract, or that the Plaintiff paid KRW 24.6 million to the Defendant after deducting the amount that the Defendant had to pay to the Plaintiff at the time of entering into the instant sales contract, and there is no other evidence to acknowledge it.

Rather, in the statement No. 1, the following circumstances acknowledged by adding to the purport of the entire argument, namely, ① there is no evidence to verify whether the Plaintiff submitted only a part of objective material related to the money transaction between the Defendant and the Plaintiff, which was the Defendant, and the Plaintiff had extended money transactions over a long period of time.

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