(영문) 춘천지방법원영월지원 2014.12.11 2014가합279

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(영문) 춘천지방법원영월지원 2014.12.11 2014가합279

지분소유권이전등기

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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. In around 2006, the Defendant agreed with C that “The real estate of this case shall be jointly purchased (one-half shares each), and the registration of ownership transfer of each real estate of this case shall be completed under the Defendant’s sole name, and the Defendant shall pay to the seller the purchase price of KRW 1.05 billion, and the remainder KRW 500 million shall be paid to the seller, and the principal and interest of the loan shall be paid to C as KRW 500,000,000,000,000.”

B. On September 15, 2006, the Defendant and C purchased each of the instant real estate from D in accordance with the above agreement, and completed the registration of ownership transfer under the name of the Defendant on October 10, 2006. On the same day, the registration of ownership transfer was completed with respect to each of the instant real estate in the name of the Defendant, the maximum debt amount, the amount of debt amount, and the amount of debt KRW 70 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul's testimony, the purport of whole pleadings

2. The plaintiff's assertion and C purchased each of the instant real estate in KRW 1.1 billion around September 2006, and the plaintiff can gain profit from the resale of each of the instant real estate in the amount of KRW 275 million after 3 through 4 months. Thus, the defendant and C agreed to transfer one fourth share of each of the instant real estate to the plaintiff in the event that the resale cannot be conducted after 3 through 4 months.

Accordingly, on November 6, 2006, the Plaintiff paid to the Defendant and C KRW 50,634,000 as the Defendant’s financial account, and on December 28, 2006, KRW 40 million as the financial account for the construction of limited partnership companies (the trade name before the modification is “construction of limited partnership companies”; hereinafter “Tai Construction”) and paid KRW 168,000,000 as a check on December 28, 2006.

1. Therefore, the defendant is primarily responsible for the above agreement to the plaintiff.

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