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(영문) 서울동부지방법원 2019.01.15 2018가단3930
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to Gap evidence of 1 to 3, Eul evidence of 1 to 8 (including each number), witness D's testimony.

On March 3, 2003, the Plaintiff, E, and F entered the sales contract of KRW 400,500,000 for the amount of KRW 12,292 square meters (hereinafter “the instant real estate”) in G and Jeju, and the buyer, who shall pay KRW 40,000,000 for the contract date and the intermediate payment of KRW 20,000,000,000 for the remainder payment of KRW 160,50,000 for each of the remaining amounts of KRW 160,000,000, as “E and two other persons.”

AB concluded the agreement.

E paid a total of KRW 231 million by April 15, 2003, including the payment of down payment of KRW 40 million following the following day.

B. On March 12, 2003, the Plaintiff, E, and F indicated the purchase price of KRW 11,416 square meters (hereinafter “H land”) prior to H in Jeju-si, as KRW 240,000,000,000,000 for contract date, intermediate payment of KRW 110,000,000,000 for contract payment of KRW 12,000,000 for the remainder payment of KRW 12,000,000 on April 22, 2003 as “E and four others”.

B and E paid 50 million won as down payment through F.

C.F prepared a new contract with F in place of the sales contract prepared for H land and the instant real estate, and completed the registration of ownership transfer for H land on April 30, 2003 in its sole name due to sale and purchase on April 30, 2003. On May 9, 2003, F completed the registration of ownership transfer for the instant real estate due to sale and purchase on May 6, 2003.

F, upon receiving a loan of KRW 50 million from I, on May 9, 2003, set the right to collateral security and superficies with a maximum debt amount of KRW 65 million on H’s land, and upon receiving a loan of KRW 50 million from J, the F created the right to collateral security and superficies with a maximum debt amount of KRW 65 million on May 9, 2003.

E. The Plaintiff and F are part of H land shares K, L, M.

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