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(영문) 서울북부지방법원 2016.11.25 2015가단148005
소유권이전등기 말소 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Facts of recognition;

A. On February 18, 2008, the Plaintiff and Defendant B purchased KRW 280,000,000,000,000,000,000,000 in Seoul Northernbuk-gu E (hereinafter “pre-divisioned land”) owned by the Defendant C, and completed the procedure for the registration of ownership transfer as of February 21, 2008, in the name of Defendant B, the Seoul Northern Northern District Court’s Dobong Branch Office (Seoul Northern District Court No. 13342).

B. On February 20, 2008, the Plaintiff prepared and delivered to Defendant B a certificate of loan (hereinafter “instant loan certificate”) stating that “the Plaintiff borrowed KRW 200 million from Defendant B and repaid it until June 30, 2008,” and on the same day, Defendant B prepared and issued a certificate of title trust (hereinafter “instant certificate”) stating that “the Plaintiff is holding the land before the division under title trust from the Plaintiff.”

Around October 2008, Defendant B purchased the instant land in KRW 280,000,000,000 prior to the instant subdivision, and submitted to the competent authority a written vindication of the report on real estate transaction (hereinafter referred to as “instant vindication”) stating that “The instant land was purchased in KRW 80,000,000,000 from the Plaintiff and was borrowed and paid from the Plaintiff.”

E. On the other hand, on January 12, 2009, the Plaintiff and Defendant B drafted a certificate of certification stating that “The Plaintiff and Defendant B promised to transfer the Plaintiff’s name until February 21, 2013 and will not raise a civil or criminal objection, since the Plaintiff’s 688m2 of the land before the instant partition is owned by the Plaintiff.” (hereinafter “certificate of this case”).

F. On January 12, 2009, the date on which the above letter of recognition was prepared, the Plaintiff issued to Defendant B a letter stating that “this letter was withdrawn” on the back of the instant letter of confirmation.

G. Defendant B’s land before subdivision on May 7, 2013 falls under the instant case where “2,00 square meters and D large 688 square meters and less than 68 square meters.”

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