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(영문) 부산지방법원 2015.02.04 2013가합12580
소유권이전등기
Text

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. On November 27, 2007, the first object of each real estate indicated in the attached Table 1 list, which was delegated by the Defendant, who is a wife residing in Singapore, was 1324m2. However, on November 27, 2007, the registration conversion was made into 13346m2, G forest land and 156m2 and 951m2 was divided into H forest and 1498m2, J forest and 208.

(hereinafter “instant real estate”). C is a person who was engaged in a business related to the instant real estate, and C is a former owner of the instant real estate.

B. 1) A was awarded a successful bid of KRW 190 million on February 16, 1998 with respect to the instant real estate through an auction on February 16, 1998, and C was on August 20, 2004, and C was on August 20, 2004

A) The sales contract to sell the instant real estate in KRW 2.8 billion to the Plaintiff (hereinafter “the sales contract for beer”).

(2) On March 6, 2004, as the receipt of the same registry office on March 6, 2004, C and Malass anticipated that the surrounding site, including the part of the instant real estate, will be developed as a real estate, etc. (i) the instant real estate would be developed as a real estate. (ii) The instant real estate would have completed the provisional disposition registration for which D and E would have the right to claim ownership transfer registration under the sales contract as a preserved right.

3. Meanwhile, the plaintiff is dissatisfied with the existence and amount of the claim against C.

The Defendant, who was in charge of the instant real estate, has a dispute as to whether the amount of money was invested, and whether it was a partner.

On March 25, 2005, Busan District Court's private registry office No. 13632 received on March 28, 2005, received KRW 600 million and lent KRW 500 million to C. In order to secure the existing obligation against the plaintiff and the obligation against the defendant, C made a registration of the right to claim ownership transfer under the name of the defendant under the receipt of the defendant on March 28, 2005.

Part of the Agreement, unless the context otherwise requires.

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