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(영문) 수원지방법원성남지원 2016.12.14 2016가단222858
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) D is a real estate listed in the [Attachment List 1] (hereinafter “instant land”).

(2) The title No. 2, such as the father’s network E, the owner of the building (hereinafter “instant building”).

between F and F on November 11, 1993, the owner of the instant land and the building (hereinafter referred to as the “instant real estate”) on behalf of the Plaintiff, who is the owner of the instant real estate, is “the instant real estate”.

) The sales contract to sell F to F for KRW 400,000,000 (hereinafter “instant sales contract”).

A) Around the time of the conclusion of the instant sales contract, F agreed to pay KRW 360,00,000 out of the instant sales price to E and the Plaintiff’s agent D, and the remainder of KRW 40,000,000,000 in addition to the interest of KRW 3% per month. 2) Around June 1994, F agreed to exchange each real estate listed in [Attachment 3,4] No. 3, and 5,000,000,000 among the instant real estate and the Defendant’s ownership, with Defendant around June 194, and F agreed to additionally pay KRW 5,00,00 to the Defendant (hereinafter “instant exchange agreement”).

3) Since F was unable to pay KRW 40,000,000 for the purchase and sale of the instant real estate, F was unable to obtain ownership transfer under the name of F or the Defendant, and such circumstances were stated to the Defendant. Accordingly, the Defendant and F agreed that D, as a security of KRW 40,00,000 for the aforementioned purchase and sale remaining amount as the Plaintiff’s agent, set up a right to collateral security on the instant real estate, instead of setting up a right to collateral security on the instant real estate with D as the security of KRW 40,00,000, F, the Defendant and F, from June 1994, 1994, D entered into an agreement directly with the Defendant to complete the registration of ownership transfer (hereinafter “instant agreement”).

A) After November 3, 1994, the registration of ownership transfer under the name of the Defendant was made in accordance with the receipt of the Sungwon District Court’s Sung-nam branch branch branch on November 3, 1994 (hereinafter “the registration of ownership transfer”).

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