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(영문) 광주지방법원목포지원 2017.06.28 2017가단50233
소유권이전등기
Text

1. The plaintiff Eul's primary claim against the defendant limited liability company C and the plaintiff's conjunctive claim against the defendants.

Reasons

1. Basic facts

A. Plaintiff A is the father of Plaintiff B and Defendant D, and Defendant D is the company whose representative director is Defendant D.

B. The first real estate was owned by the Plaintiffs and Defendant D, respectively. However, on August 4, 2008, Defendant D completed the registration of transfer of ownership on the ground of his/her share of 1/3 on the same day donation to the Defendant Company.

[Grounds for Recognition: Facts without dispute, entry of Gap 1-3 evidence, purport of the whole pleadings]

2. Determination:

A. On October 2, 2008, when the plaintiffs and the defendants paid a total of KRW 2.5 billion including the money already paid by the plaintiff A to the defendant D, the defendant company entered into an agreement to transfer the 1/3 share of the real estate of this case to the plaintiff B (hereinafter "the agreement of this case"). Since the plaintiff Gap paid a total of KRW 2.5 billion to the defendant D before and after the agreement of this case, the defendant company is obligated to transfer the 1/3 share of the real estate of this case to the plaintiff B in accordance with the agreement of this case, and the defendants are jointly and severally obligated to return the above money to the plaintiff Eul.

Therefore, Plaintiff B, as the primary claim, filed a claim against the Defendant Company for the execution of the ownership transfer registration procedure on one-third share of the instant real estate, and Plaintiff A, as the preliminary claim, demanded the Defendants to return KRW 100 million out of the said money.

B. First of all, as to whether the agreement of this case was concluded between the plaintiffs and the defendants, each of the descriptions of health room and Gap 4-7 evidence (including each number), is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, each of the plaintiffs' primary claims and conjunctive claims premised on the conclusion of the agreement of this case between the plaintiffs and the defendants are without merit.

3. Conclusion.

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