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(영문) 인천지방법원 2014.07.23 2014가단3220
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 2011, with respect to No. 2, 401, and 402, multi-household D (hereinafter “instant land”) newly constructed on the land of Gangwon-do (hereinafter “instant land”), Nonparty C, a seller, and the following sales contract was formulated: (a) the Plaintiff was the seller; and (b) the Defendant was indicated as the buyer:

(2) On December 30, 201, the remainder of KRW 227,200,000 for the contract date of the contract for the total supply of KRW 401 on the 2nd and fourth floor of the building E: 227,200,000: on December 26, 2011: 22,720,000 for the remainder of KRW 22,720,00: on December 28, 201, the total supply amount of KRW 402 for the 227,200,00 for the 2nd and fourth floor of the building E: on December 26, 2011: 222,720,000 for the remainder of KRW 204,48,000 for the remainder of KRW 20: on December 30, 2011.

B. As seen earlier, the Plaintiff completed each of the registrations of initial ownership (hereinafter “each of the instant registrations”) on January 6, 2012 with respect to the 401 and 402 of the 2nd residential household housing Nos. 401 and 402 of the 4nd residential building (hereinafter “each of the instant real estate”). On January 18, 2012, each of the instant registrations of initial ownership (hereinafter “each of the instant registrations of initial ownership”) was completed on December 26, 2011 with respect to each of the instant real estate.

C. On August 13, 2012, the Plaintiff filed a lawsuit against the Defendant on the premise that the Plaintiff is the seller of each real estate of this case, under the premise that the Plaintiff is the seller of each real estate of this case. However, at the time of the sales contract for each of the instant real estate, the said court concluded a contract with the Defendant with the intent to sell the said building with the authority to sell the said building in accordance with the agreement with the Plaintiff, and the Defendant also entered into the instant sales contract with C with the trust of the authority to sell the said building. The Plaintiff was not involved in the said sales contract, and the Defendant and C, both of which were the parties to the said act, agreed to be the seller C.

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