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(영문) 전주지방법원군산지원 2014.09.18 2014가단3479
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 1999, the Plaintiff completed the registration of ownership transfer on each land listed in the separate sheet (hereinafter “each land of this case”) based on sale and purchase. On February 22, 2008, the Plaintiff sold each land of this case to the Korea Rural Community & Agricultural Corporation.

B. The Korea Rural Community & Agricultural Corporation completed the registration of ownership transfer on each of the instant lands on February 26, 2008, and sold each of the instant lands to the Defendant, and the Defendant completed the registration of ownership transfer on each of the instant lands on March 5, 2008.

C. On March 5, 2008, each of the instant land was registered as joint collateral and the establishment registration was completed near the Defendant, the mortgagee, the Korea Rural Community & Agricultural Corporation, the maximum debt amount of 83,470,000 won. However, on January 21, 2014, the registration of the establishment of a mortgage was revoked on the ground of termination, and again, on January 27, 2014, the registration of the establishment of a mortgage was completed regarding each of the instant land as joint collateral, which was KRW 42,00,000.

On the other hand, as of December 7, 2008 between the Plaintiff and the Defendant, a sales contract (No. 4,90,000 won out of the sale price of KRW 79,490,00,000 among the sale price of KRW 79,490,490,000 was entered into between the Plaintiff and the Defendant, stating that “The sale price of KRW 14,490,000, out of the sale price of KRW 79,490,00, the sale price of KRW 65,000,000 shall be paid to the seller and the purchase price of KRW 65,00,000 shall be

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 4-1, the purport of the whole pleadings

2. The plaintiff's assertion was concluded between the plaintiff and the defendant on December 7, 2008 with the same sales contract with Gap evidence No. 4-1 (hereinafter "the sales contract of this case"). Thus, the defendant is obligated to implement the registration procedure for transfer of ownership based on the sales contract with respect to each land of this case as of December 7, 2008.

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