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(영문) 서울동부지방법원 2018.11.13 2018가단116126
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants are simplified mother-and-child, and Defendant B and the Plaintiff are between themselves.

B. On August 1, 2005, the Plaintiff completed the registration of transfer on July 28, 2005 with respect to the share of 11/13 of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C. On October 24, 2005, Defendant B completed the registration of transfer of co-ownership on October 17, 2005 with respect to the share of 11/26 of the Plaintiff’s shares in each of the instant real estate.

On October 25, 2017, Defendant C completed the registration of transfer of co-ownership based on donation on October 16, 2017 with respect to Defendant B’s shares in each of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The assertion and judgment

A. (1) The Plaintiff sold to Defendant B the share of 11/26 of the instant real estate in KRW 12,00,000, and completed the registration of ownership transfer first upon Defendant B’s request, and then, upon receipt of the sales amount later, the Plaintiff issued the certificate of registration kept by the Plaintiff to Defendant B.

However, Defendant B, who received the registration of ownership transfer, did not pay the purchase price, and among that, Defendant C entered into a false donation contract in the process of medical treatment and completed the registration of ownership transfer as to the above shares in Defendant B’s name.

The Plaintiff cancelled the sales contract with Defendant B due to its default and sought the cancellation of the registration of each transfer of ownership by the Defendants to its original state.

(2) The Plaintiff purchased shares in each of the instant real estate on behalf of Defendant B, and completed the registration of ownership transfer in its name, other than the Defendant. Defendant B, who became aware of this, resisted the Plaintiff. The Plaintiff asserted that he contributed to the acquisition of the said shares, and subsequently agreed to return only half of the Plaintiff’s shares to Defendant B, and the Plaintiff prepared a sales contract by using the Plaintiff’s seal impression and identification card.

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