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(영문) 춘천지방법원원주지원 2016.06.01 2015가단31765
구상금
Text

1. The plaintiff's primary claim against the defendant B and the conjunctive claim against the defendant C are all dismissed.

2...

Reasons

1. Basic facts

A. A. On August 25, 2006, the Plaintiff: (a) around August 25, 2006, ① 604 square meters (parking lot), ② 273 square meters in a female building site; (b) F large 347 square meters in a building site; (c) E, F, F, and 347 square meters in a building site; (b) the second floor among them; and (c) the third floor was closed on October 5, 201; (b) the female building; (c) the G large 134 square meters (road along the parking lot; hereinafter referred to as “the instant building” or “real estate”; and (c) all of them were purchased the sales price of KRW 480,00,000 in total (= the above real estate KRW 100,000 or KRW 360,000 through KRW 360,50,000 in a real estate; and (d) completed the registration of ownership transfer; and

B. On March 31, 2010, Defendant B’s mother leased and operated the instant brigade from the Plaintiff in KRW 300,000,000, and completed the registration of establishment of chonsegwon on May 7, 2010.

C. Around October 201, the Plaintiff sold the instant loan amount of KRW 500,000,000 to Defendant B (hereinafter “instant sales contract”). Defendant B delegated the registration procedure for transfer of ownership to Defendant C, a certified judicial scrivener, and the Plaintiff issued a document for transfer of ownership to Defendant C along with the said certified judicial scrivener office, to the said certified judicial scrivener office, and drafted a sales contract (hereinafter “instant sales contract”).

However, on October 6, 2011, the Defendants reported only the Plaintiff’s acquisition value of the instant real estate to KRW 360,000,000, and the actual transaction value to KRW 500,000,000, and completed the registration of each ownership transfer under Defendant B’s name. After being aware of such fact, the Defendants again completed the registration of ownership transfer under the name of Defendant B under the name of the Plaintiff.

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