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(영문) 전주지방법원 2019.10.11 2018나9404
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary and conjunctive claims are all dismissed.

2...

Reasons

1. Summary of the cause of claim;

A. On November 2012, Defendant B filed a claim for ownership transfer registration for the restoration of the true name with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”); the real estate listed in paragraph (1) of the separate sheet is “E”; and the real estate listed in paragraph (2) of the same list is “F”.

(2) The Plaintiff purchased KRW 300,000,000 and owned one-half shares, and proposed that the building should be newly constructed and sold, and the Plaintiff agreed to the purchase price and paid the purchase price, etc. The Plaintiff paid KRW 130,00,000. However, the Plaintiff paid KRW 115,00,000 to one of the co-owners of the instant real estate in order to bear half of the money necessary for the development, etc. of the said land according to the direction of Defendant B, as well as paying KRW 115,00,000 to one of the co-owners of the instant real estate, the Plaintiff and the Defendant jointly purchased KRW 443,00 (hereinafter “H”).

(2) The Plaintiff paid KRW 150,00,000 in total as the purchase price of the instant real estate and H real estate, including the purchase price of KRW 5,00,000. The Plaintiff is the Plaintiff, and the real owner of the instant real estate is the Plaintiff, and the Plaintiff and Defendant C currently own shares of 1/2. As the instant real estate is registered as the title trust relationship between the Plaintiff and Defendant C is established between the Plaintiff and Defendant C as the truster, and Defendant C as the trustee of the instant real estate, Defendant C is liable to implement the registration procedure for ownership transfer for the reason of real name recovery as to the 1/2 shares of the instant real estate. (2) Since the purchase price of the instant real estate equivalent to delay damages for the 1/2 shares of the instant real estate is KRW 130,00,000,000, the purchase price of the instant real estate is the real estate for delay compensation for the 1/2 shares of the instant real estate. The Defendants are the real owner from April 8, 2013, who registered shares of the instant real estate.

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