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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the apartment of this case, on November 11, 1998, the registration of ownership transfer was filed in the name of D E, and on November 13, 2006, the name of D’s father-gu G, F’s father-gu, and on January 2, 2007, each registration of ownership transfer was filed in sequence in the name of the Plaintiff on October 15, 2009.
B. On April 26, 201, the Defendant, the wife of D’s fourth, completed the registration of ownership transfer on the instant apartment on April 26, 201. On the same day, the Defendant drafted a sales contract with the Plaintiff to the effect that (i) the purchase price of the instant apartment was KRW 127,00,000 with respect to the instant apartment (hereinafter “instant sales contract”); (ii) the Defendant is unable to dispose of the instant apartment without the consent of H, D, and F.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, and 12, witness F's testimony, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the apartment house of this case was sold in lots in the name of E, and acquired ownership by paying the price. The Plaintiff, upon D’s request, received the ownership transfer without compensation and subsequently promised to transfer the ownership to the person designated by D and receive the purchase price and pay it to D. In the event that the purchase price is not paid, the Plaintiff’s ownership was transferred again in the name of the Plaintiff and transferred the ownership to D.
The Defendant is merely a person who has completed the registration of ownership transfer for the instant apartment in accordance with the title trust agreement with D. In this case, the Plaintiff and the Plaintiff agreed to pay KRW 127,00,000 for the purchase price as the conclusion of the instant sales contract. Thus, the Defendant cancelled the above contract on the ground that the Defendant breached his obligation to pay the purchase price, and sought cancellation of the ownership transfer registration for the said apartment, and made a preliminary payment for the purchase price under the above agreement.