logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.07.13 2015가단33836
소유권이전등기말소
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 January 5, 2009, the Plaintiff received the registration of ownership transfer from C on the grounds of sale on December 29, 2008 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On September 18, 2014, the Plaintiff completed the registration of ownership transfer for the instant real estate to the Defendant on September 11, 2014.

[Based on recognition] Each entry of Gap evidence No. 1 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that, around September 2014, the Plaintiff entered into a sales contract with the Defendant, setting the sales amount of KRW 250 million with respect to the instant real estate, and completed the registration of ownership transfer with respect to the instant real estate, but the Defendant did not pay the sales amount at all. Therefore, the Plaintiff rescinded the said sales contract by delivering a duplicate of the complaint of this case.

Therefore, the Defendant is obligated to implement the procedure for cancellation registration of ownership transfer registration concerning the instant real estate to the Plaintiff.

B. Determination was based on the following circumstances, namely, the Defendant entered the following circumstances: ① KRW 30 million on June 3, 2014; KRW 50 million on September 12, 2014; KRW 1 million on June 30, 2014; KRW 50 million on October 16, 2014; KRW 20 million on December 8, 2014; KRW 30,000 on the National Agricultural Cooperative Federation’s debt 9,50,000 on January 15, 2015; KRW 200,000 on the real estate in which the Defendant claimed delivery of KRW 30,000,000 on the real estate in the name of the Korea National Agricultural Cooperative Federation; KRW 50,000 on March 11, 2015; and KRW 305,000 on the real estate in the name of the E-mortgage 15,200,005.

arrow