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(영문) 창원지방법원통영지원 2016.08.25 2015가단24033
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. On April 9, 198, the Plaintiff completed the registration of change of ownership on the real estate listed in the separate sheet (hereinafter “instant land”) on the ground of “acquisition of ownership due to the confirmation of partition under the Act on Special Cases Concerning the Partition of Co-Owned Land” under Article 5543, which was received on April 9, 198.

B. On April 29, 2010, the Plaintiff concluded a sales contract to sell the instant land and its ground buildings (defluence, bonds below) to the Defendant for KRW 120,000 (hereinafter “instant sales contract”).

C. On April 29, 2010, the Plaintiff’s wife received KRW 50 million from the Defendant as the down payment for the instant sales contract.

On July 8, 2010, the Defendant completed the registration of ownership transfer on the instant land (hereinafter “the instant registration of ownership transfer”) with the head of Si/Gun/Gu office No. 30571, Jul. 5, 2010.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1-1, Gap evidence 2-1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant paid the remainder of KRW 70 million to the Plaintiff from the instant sales contract to June 30, 2010. However, on July 5, 2010, the Defendant paid KRW 40 million out of the remainder, and did not pay KRW 30 million,000,000,000 to the Plaintiff’s wife on July 5, 2010.

3) Since E/Do, who participated in the conclusion of the instant sales contract, stated that “Ma-gu (D) believe that there is any error in writing and preferential registration of transfer to the Defendant,” it provided necessary documents to enable the Defendant to register the transfer of ownership in the future. 4) The Plaintiff should pay KRW 30,000,000,000 payable to the Defendant out of the balance of the instant sales contract.

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