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(영문) 울산지방법원 2015.02.06 2014가단54358
소유권이전등기
Text

1. Defendant D shall have the Ulsan District Court as to each of 1/2 shares out of 9,321 square meters of forest E in Ulsan-gun E in Ulsan-gun with Defendant B and C.

Reasons

1. Facts of recognition;

A. On May 7, 2004, F obtained a proposal from the Plaintiff to jointly purchase the land G, H, I, J, K, L, and M (hereinafter “instant racing land”) one-half equity shares, and transferred KRW 200,00,000 to the Plaintiff’s account as the purchase price for the instant racing land on May 7, 2004.

B. Based on the money received from F, the Plaintiff purchased it from the owner of the instant racing land, and completed the registration of ownership transfer in the Plaintiff’s sole name on June 24, 2004, and on June 28, 2004, F remitted KRW 3,700,000 for the purchase of the instant racing land as a certified judicial scrivener’s expenses, etc. at the request of the Plaintiff on June 28, 2004.

C. Around February 2005, F was recommended by the Plaintiff to purchase the N in Ulsan-gun, Ulsan-gun, and O land (hereinafter “Ulsan-gun”), and transferred a total of KRW 590,000 to the Defendant from February 21, 2005 to April 21, 2005, and thereafter, the ownership transfer registration was completed in the name of P, the Plaintiff’s attached to the pertinent land.

On February 4, 2005, the Plaintiff entered into a contract with Defendant B and C to purchase Q 9,321 square meters (hereinafter “instant forest”) of Q 9,321 square meters owned by the said Defendants at KRW 267,00,000.

However, on July 28, 2005, the Ulsan District Court received 87190 on the forest of this case on July 28, 2005, the registration of ownership transfer was made in the name of Defendant D, the wife of F, rather than the Plaintiff’s name.

E. On January 22, 2013, F indicated that the Plaintiff actually spent KRW 448,00,000,000,000, which was paid by F to the Plaintiff as purchase price for the pertinent Ulsan land, through content-certified mail, and demanded explanation on the details thereof.

Accordingly, the Plaintiff did not know to F on January 29, 2013 the said KRW 448,000,000,000, and in the case of the instant racing land, the Plaintiff was under mutual agreement.

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