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(영문) 서울남부지방법원 2015.03.19 2014나6348
소유권이전등기말소등기 등
Text

1. The plaintiff's appeal against the defendant is dismissed.

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

purport, purport, and.

Reasons

1. Basic facts

A. On January 4, 2004, the Plaintiff and the Defendant entered into a sales contract with the co-defendant D (hereinafter “D”) of the first instance court, a person acting as an agent of F, to purchase 1/2 of each of the 1/2 shares of the G 714m2, H 281m2, and I 407m2 of each of the 1/2 of the 1/2 shares in the purchase price (hereinafter “each of the instant real estate”) owned by F, and the co-defendant B (hereinafter “B”) of the first instance court, a person who is the Defendant’s child, to complete the registration of ownership transfer as to the Defendant’s shares.

B. The Plaintiff paid a total of KRW 52,950,000 for the above purchase price and incidental expenses. On January 5, 2004, the Plaintiff transferred KRW 10 million in the name of the down payment out of KRW 51,400,000 for the above purchase price, and KRW 42,950,000 for the sum of KRW 1,50,000 for the remainder of KRW 41,40,000 for the remainder of January 19, 2004 and for the expenses for brokerage commission, as well as KRW 1,50,00 for the sum of KRW 1,50,00 for the above purchase price and incidental expenses to the bank account in the name of the co-defendant E (hereinafter “E”).

C. After February 5, 2004, the registration of ownership transfer was completed in the name of the Plaintiff and B with respect to each of the instant real estate. D.

Of the instant real estate, the area of 714 square meters in Seosan-si, Seosan-si was merged into the area of 407 square meters on March 25, 2013.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Defendant, who was working for the planning real estate business entity called Sangdodom Co., Ltd., the Plaintiff’s husband, proposed that the market price of the instant real estate exceeds KRW 100 million, and that he/she purchased the instant real estate through a price consultation with D, which is a real estate broker belonging to K real estate, and that he/she purchased the instant real estate jointly with himself/herself. The Plaintiff became the Plaintiff’s sales contract of this case.

However, in fact, F, a seller, delegated D to sell each of the instant real estate in KRW 28,800,000, and D and the Defendant.

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