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(영문) 대구지방법원 서부지원 2018.04.12 2017가단9248
매매대금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 198, the Plaintiff, Defendant C, and Defendant C purchased the Plaintiff 1/4 shares, Defendant C1/4 shares, and D2/4 shares of the Plaintiff 1/2 shares, and the Plaintiff and Defendant C agreed to title trust the ownership of the aggregate of 1/2 shares to D.

Accordingly, on August 30, 198, the registration of ownership transfer was completed on September 1, 198 with respect to the land of this case on the ground of sale and purchase on August 30, 198.

B. In 198, the Plaintiff and Defendant C agreed to title trust 1/2 of their respective shares in the instant land to Defendant B (Defendant C’s Chok).

Accordingly, on May 4, 1998, the registration of ownership transfer was completed on June 18, 1998 with respect to the one-half share of the land of this case on the ground of sale and purchase on May 4, 1998.

C. On August 4, 200, the Plaintiff and the Defendants: (a) registered the establishment of a new mortgage on the share of Defendant B with respect to the instant land; (b) KRW 100 million with respect to the obligor; (c) the obligor B; (d) the Plaintiff, and Defendant C.

On January 23, 2009, Defendant C prepared a note to the Plaintiff that “if the instant land is sold, the proceeds from the sale will be divided equally and paid.”

E. On July 1, 2009, the Plaintiff and Defendant C agreed to the effect that “In the event of cancelling the registration of creation of a neighboring mortgage on the shares of Defendant B among the instant land, Defendant C shall pay KRW 10,775,652 to the Plaintiff, and the Plaintiff shall deliver documents necessary for the cancellation of the registration of creation of a neighboring mortgage to Defendant C.”

F. As to the instant land, the registration of ownership transfer was completed on May 25, 2017 on the grounds of sale on May 3, 2017, and on May 25, 2017, and on May 25, 2017.

The registration of the establishment of a neighboring mortgage was cancelled.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 4, the purport of the whole pleadings

2. The assertion and judgment

A. Of Defendant B’s 1/2 equity in Defendant B’s claim of the Plaintiff, 1/2 equity in the instant land is the Plaintiff’s title trust.

For this reason,

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