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(영문) 창원지방법원 2015.08.12 2015나1288
소유권이전등기말소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B lent KRW 22,00,000 to the Plaintiff around July 9, 2008.

(B) The Plaintiff’s above loan obligation (hereinafter “instant loan obligation”)

In addition, the Plaintiff completed the registration of ownership transfer on July 9, 2008, No. 23578, which was received on July 25, 2008, with respect to each of the instant real property owned by Defendant B (hereinafter “instant registration of ownership transfer”).

C. After that, Defendant B completed the registration of transfer of ownership (hereinafter “the registration of transfer of ownership No. 2”) on October 16, 2008 (hereinafter “the instant sales contract”) for each of the instant real estate with the Changwon District Court’s Tong Branch Branch Branch of the Changwon District Court on October 17, 2008, by October 16, 2008 (hereinafter “the instant sales contract”).

On the other hand, on July 10, 2012, the Plaintiff filed a complaint with the purport that “Defendant B embezzled each of the instant real estate by completing the registration of ownership transfer to Defendant C at will despite having been entrusted only in the name of each of the instant real estate from the Plaintiff and completed the registration of ownership transfer to Defendant C.”

E. However, in relation to the above embezzlement case, Defendant B was subject to a non-guilty disposition, and the Plaintiff rather was Defendant B.

On August 14, 2013, the first instance court rendered a judgment of conviction for two years of suspension of execution on the grounds of the crime of false accusation as stated in paragraph (1). On December 19, 2013, the first instance court filed an appeal under the Changwon District Court 2013No1600, which was sentenced to the dismissal of appeal on December 19, 2013, and then filed an appeal under the Supreme Court 2014Do522 against the said appellate judgment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 5 through 7 (including branch numbers), the purport of the whole pleadings

2. Determination as to the claim against Defendant B and the primary claim against Defendant C

A. The plaintiff alleged in the parties.

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