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(영문) 대구지방법원 2017.11.21 2016가단120004
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the defendant's sibling, and C is the plaintiff's spouse and D's spouse.

B. On October 14, 2004, the Plaintiff transferred KRW 15 million to the Defendant’s account under the name of the Defendant.

C. On October 1, 2004, the Defendant purchased 1170/1247 shares of the purchase price of KRW 47 million and completed the registration of ownership transfer in the name of the Defendant on October 16, 2004.

Land before subdivision is divided and recorded in the separate sheet (hereinafter “instant land”), 380 square meters for warehouse E-Gun in Gyeongbuk-do, 714 square meters for F site, 25 square meters prior to G, 222 square meters prior to H, 275 square meters prior to J, 334 square meters prior to J, and 200 square meters prior to K.

E. On June 14, 2007, the Defendant independently owned the instant land as a partition of co-owned property.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 8, 10, 11, and 12 (including provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. On September 6, 2004, the Plaintiff asserted that the Plaintiff entered into an investment agreement with the Defendant on the land before subdivision, and paid KRW 35 million to the Defendant. The Defendant purchased shares of KRW 1170/1247 out of the land before subdivision by adding the said KRW 35 million to the said KRW 12 million.

The plaintiff has the right to share 35/47 of the land of this case registered as the sole owner of the defendant among the above lands divided by the plaintiff.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the above investment agreement with respect to each share of 35/47 of the instant land to the Plaintiff.

3. Determination

A. The facts that the Plaintiff remitted KRW 15 million to the Defendant’s account on October 14, 2004 are as seen earlier, and comprehensively taking account of the whole purport of the pleadings in each of the above evidence and evidence No. 13, the Plaintiff’s withdrawal of KRW 20 million from the Plaintiff’s passbook on September 6, 2004 on September 6, 2004, and the above KRW 20 million was used as the purchase fund of the instant land, together with the Defendant’s account of KRW 15 million remitted on October 14, 2004.

(b).

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