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(영문) 서울중앙지방법원 2018.01.10 2016가단5238406
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 27, 1989, the Defendant completed the registration of ownership transfer on the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “instant land”) as of March 25, 1989, on the land listed in the annexed Table No. 2 (hereinafter “instant land”) as of December 13, 1983, on the ground of sale on December 7, 1983, on the land listed in the annexed Table No. 3 (hereinafter “instant three land”). On August 31, 1990, the Defendant completed the registration of ownership transfer on the land listed in the annexed Table No. 3 (hereinafter “instant land”).

B. From around 2002, the Defendant resided in the Philippines to operate its business abroad, and repeated entry and departure from the Republic of Korea every one to three months.

C. Around May 2, 2004, the Defendant’s father D refers to the Defendant’s agent, and around 154,920,000 won of the instant land in the name of the Defendant was entered into with E (the Plaintiff’s father) who represented the Plaintiffs by the contract to sell to the Plaintiffs for KRW 154,920,000 (hereinafter “instant sales contract”), and the down payment of KRW 12,200,000 on the contract date shall be paid on the contract date, and the intermediate payment of KRW 20,000 is not written on the date of payment, and the remainder of KRW 122,720,000 is paid on February 28, 2005.

On May 4, 2006, when two years have elapsed since the date of the instant sales contract, D entered into a contract to sell the instant three land under the Defendant’s name to G (H) for KRW 150,000,000, along with the Defendant’s certificate of personal seal impression, etc. for real estate sale issued by the Defendant’s wife F as his agent, and completed the registration of ownership transfer on the said land under the name of G on May 17, 2006.

E. The defendant has paid the property tax on each of the above land while keeping the registration certificate on the land 1 and 2 of this case up to the present date.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, 2, 3, Gap evidence 6, Gap evidence 20, Gap evidence 27, Gap evidence 32-1, 2, Eul evidence 33-1, 2, Eul evidence 2, Eul evidence 5.

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