2011 Requests for the return of ownership for the cancellation of a sales contract only 15394

A

1. Deputy Superintendent of a Stock Company;

2. B;

3. C

November 5, 2013

December 31, 2013

1. The plaintiff's claims against the defendants are all dismissed.

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

1. D. Defendant C’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 under the receipt of No. 7139, with respect to the portion of 657/40052 out of the real estate listed in attached Table 1 List No. 1, and Defendant C’s vice versa is among the real estate listed in attached Table 1 List No. 1.

In relation to shares 353/40052, the registration procedure for the cancellation of the entire share transfer registration completed under No. 7141 of the receipt on May 4, 2009 is fulfilled.

2. Defendant C shall complete the procedure for registration of cancellation of ownership transfer registration, which was completed on May 4, 2009 by the Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the shares of 657/4052 out of the real estate listed in attached Tables 2 and 3, and the registration procedure for cancellation of all shares transfer registration completed on January 21, 2010 under the receipt No. 728 of the attached Tables 1, 2 and 3, with respect to the shares of 657/4052 out of the real estate listed in attached Tables 2 and 1, 2010, with respect to the shares of 35842/4052 out of the real estate listed in attached Tables 1, 2010.

3. Defendant C shall comply with the procedure for each cancellation of registration of ownership transfer registration completed on May 4, 2009 as the receipt No. 7139 with respect to shares of 1585/6341 among the real estate listed in the Schedule No. 4 and paragraph (7) of the attached Table No. 1 to D.

4. Defendant C shall perform the procedure for registration of cancellation of ownership transfer registration completed on May 4, 2009 by the Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the portion of the real estate listed in attached Table 1 List No. 5, and Defendant C shall perform the procedure for registration of cancellation of ownership transfer registration completed on February 3, 2010 with respect to the portion of the real estate listed in attached Table No. 1585/63471 among the real estate listed in attached Table No. 1 List No. 5, and the procedure for registration of cancellation of ownership transfer registration completed on February 3, 2010 with respect to the Plaintiff’s portion of the real estate listed in attached Table No. 1 List No. 6186/63471 among the real estate listed in attached Table 1 List No. 5, which was completed on February 3, 2010.

5. As to the portion of the real estate listed in paragraph (6) of the attached Table 1 List No. 1, Defendant C performed the procedure for registration of cancellation of ownership transfer registration completed on May 4, 2009 by the Changwon District Court Branch of the Changwon District Court, the registration office of cancellation of ownership transfer, which was completed on May 4, 2009, and as to the portion of 1585/63471 out of the real estate listed in paragraph (6) of the attached Table No. 1 List No. 6, Defendant C performed the procedure for registration of cancellation of all share transfer registration completed on January 21, 2010 by the Changwon District Court, the registration office of cancellation of ownership transfer completed on January 21, 2010, and as to the Plaintiff’s share of 6186/63471 out of the real estate listed in paragraph (6) of the attached Table No. 1 List No. 6186/6371, Jan. 21, 2010>

6. Defendant C shall implement the procedure for the cancellation of registration of cancellation of part of ownership transfer registration completed under No. 7139 on May 4, 2009 with respect to shares of 377/400 of the real estate listed in attached Table 1 List No. 8. D.

7. Defendant C performed the procedure for registration of cancellation of ownership transfer registration, which was completed on May 4, 2009 by the Changwon District Court Branch of the Changwon District Court on the 377/4000 shares of the real estate listed in attached Table 1 List No. 9, and Defendant C performed the procedure for registration of cancellation of ownership transfer registration, which was completed on January 21, 2010 on the 377/400 shares of the real estate listed in attached Table 1 List No. 9, with respect to the 3623/400 shares of the real estate listed in attached Table 1 List No. 9, and the procedure for registration of cancellation of all shares transfer completed on January 21, 2010 by the Changwon District Court of Korea on the 3623/400 shares of the real estate listed in attached Table 1 List No. 9.

8. D. Defendant C’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 by Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the share of 896/912, among the real estate listed in the attached Table 1 List No. 10, and Defendant D’s vice-contractor shall implement the procedure for cancellation registration of part of share transfer registration completed on January 21, 2010 as of the share of 855/912, among the real estate listed in the attached Table No. 10 of the attached Table No. 1, as to the share of 855/912.

9. D. Defendant C’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 by Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the portion of 702/747 out of the real estate listed in attached Table 1 List No. 11, Defendant C’s registration procedure for cancellation of ownership transfer registration; Defendant D’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 with respect to the portion of 45/747 out of the real estate listed in attached Table No. 1 List No. 7141, May 4, 2009, with respect to the entire portion of the share completed on May 4, 2009; and for the portion of 702/747 shares, the registration procedure for cancellation of all the share transfer registration completed on January 21, 2010.

10. D. Defendant C’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 by Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the 642/1240 shares of the real estate listed in [Attachment 1] List No. 12, and Defendant D’s vice-contractor will implement the registration procedure for cancellation of all shares transfer registration completed on May 4, 2009 by Changwon District Court of Korea with respect to the 4498/12440 shares of the real estate listed in [Attachment 1 List No. 1]. 4, 2009.

11. Defendant C shall complete the procedure for the cancellation registration of ownership transfer registration completed on May 4, 2009 by the Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to D’s 642/12440 shares among the real estate listed in attached Table 1 List No. 13; Defendant C shall complete the procedure for the cancellation registration of ownership transfer registration completed on May 4, 2009 with respect to D’s 498/12440 shares among the real estate listed in attached Table No. 13, which was completed on May 4, 2009 with respect to D’s 4498/12440 shares; the entire registration of ownership transfer completed on January 21, 2010 with respect to 642/1240 shares; and the Plaintiff shall complete the procedure for the cancellation registration of ownership transfer registration with respect to 730/1240 shares out of the real estate listed in attached Table No. 13. 13.

12. D. Defendant C’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 by the Changwon District Court’s Branch of the 178/836 shares of the real estate listed in attached Table 1 List No. 14, and Defendant C’s vice versa will implement registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 by the 7139 registry office of the Changwon District Court with respect to the 658/836 shares of the real estate listed in attached Table 1 List No. 14, which was completed on May 4, 2009 as of May 4, 2009, with respect to the entire share transfer registration completed on January 21, 2010, and with respect to the 178/836 shares, each registration procedure for cancellation of all share transfer registrations completed on January 21, 2010.

13. The vice-principal Co., Ltd. shall comply with the procedure for registration of cancellation of ownership transfer registration, which was completed under No. 7141 on May 4, 2009, with respect to the real estate listed in Section 15 of the Schedule No. 1 of [Attachment 1] to D.

14. Defendant C shall perform the procedure for cancellation registration of ownership transfer registration completed on May 4, 2009 by the Changwon District Court Branch of the Changwon District Court with respect to D’s share of 1172/123 among the real estate listed in attached Table 1 List No. 16, and Defendant C shall perform the procedure for cancellation registration of ownership transfer registration completed on May 4, 2009 with respect to the share of 28/123 among the real estate listed in attached Table No. 16, the Changwon District Court of the Republic of Korea with respect to D’s share of 28/123 among the real estate listed in attached Table 1 List No. 16; Defendant B shall perform the procedure for cancellation registration of all share of 28/123 among the real estate listed in attached Table No. 1 List No. 16213, Feb. 3, 2010; Defendant C shall complete the procedure for registration of cancellation of ownership transfer with the original District Court of the original 2013.31333.

15. Defendant C shall complete the procedure for registration of cancellation of ownership transfer registration, which was completed on May 4, 2009 by the Changwon District Court Branch of the Changwon District Court with respect to D’s 1172/1223 shares among the real estate listed in attached Table 1 List No. 17; Defendant C shall complete the procedure for registration of cancellation of ownership transfer registration, which was completed on May 4, 2009 by the Changwon District Court with respect to D’s 28/1223 shares among the real estate listed in attached Table 1 List No. 16, which was completed on May 4, 2009 as to D’s 7141 shares; the entire registration of cancellation of ownership transfer completed on January 21, 2010 under receipt No. 728; and the Plaintiff shall complete the procedure for registration of cancellation of ownership transfer with respect to 23/123/123 shares in attached Table 1’s 1’s 201.

16. The defendant Kim Jong-soo Co., Ltd. will implement the procedure for registration of cancellation of the entire share transfer registration procedure completed on May 4, 2009 as No. 7141, which was completed on May 4, 2009, with respect to the share of 23/1438 out of the real estate listed in [Attachment 1] List No. 18. D.

17. The defendant Kim Jong-soo Co., Ltd. implements the procedure for the cancellation registration of the entire share transfer registration that was completed on May 4, 2009 by the Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the share of 23/1438 out of the real estate listed in attached Table 1 List No. 19, and the procedure for the cancellation registration of the entire share transfer registration completed on February 3, 2010 with respect to the share of 23/1438 out of the real estate listed in attached Table No. 1 List No. 19, and the procedure for the cancellation registration of the entire share transfer registration completed on February 3, 2010 with respect to the plaintiff as to the share of 1415/1438 out of the real estate listed in attached Table No. 1 List No. 19, Changwon District Court of the Republic of Korea Branch of February 3, 2010.

18. Defendant B’s each procedure for registration of cancellation of ownership transfer registration completed on February 3, 2010 under the receipt of No. 1302, with respect to each real estate listed in [Attachment 1] Nos. 20 and 21 of [Attachment 1] to the Plaintiff.

19. D. Defendant C’s registration procedure for cancellation of ownership transfer registration completed on May 4, 2009 by Changwon District Court Branch of the Republic of Korea Branch of May 4, 2009 with respect to the share of 70/102 of the real estate listed in Annex 1 List No. 22, and Defendant C’s vice versa shall implement the registration procedure for cancellation of ownership transfer registration as to the share of 61/102 of the real estate listed in Annex 1 List No. 22, which was completed on January 21, 2010 as of January 21, 2010.

1. Facts of recognition;

A. On August 29, 2008, the Plaintiff entered into a sales contract with D by setting the sales amount of KRW 600,000 for the land of 4052m2 and 12 lots, land owned by D, E, Gyeongnam Development-gun, and 12m2m2 (hereinafter “instant land before division”), and paid down payment KRW 60 million to D on the same day.

B. Since then, F and Defendant Non-Indicted Co., Ltd. (hereinafter referred to as “Defendant Non-Indicted 1”) decided from the Plaintiff that the Plaintiff would purchase approximately 3,00 square meters of the land before subdivision, if the Plaintiff constructed the land before subdivision as the factory site, and the Plaintiff, F and Defendant Non-Indicted 1 obtained the original approval for the establishment of each of their factories in part of the land before subdivision from the head of Yangyang-gun around February 27, 2009.

C. On May 4, 2009, the Plaintiff borrowed KRW 800 million from G, etc. and paid KRW 540 million among them to D as sales remaining amount.

D. On May 4, 2009, the Plaintiff, F, and Defendant B, respectively, completed the registration of ownership transfer on the land prior to the subdivision of this case by means of sale and purchase on March 20, 2009, solely or jointly, as to the land prior to the subdivision of this case. On the same day, regarding the land prior to the subdivision of this case, the said G, etc. completed the registration of the establishment of a neighboring maximum debt amount of KRW 1.2 billion against the Plaintiff, F, and Defendant B, etc. and the registration of the creation

E. Since then on January 11, 2010 and December 12, 2010, part of the land before the instant subdivision was divided as indicated in the column for the "Revised Parcel Number" in the attached Table 2 (hereinafter referred to as "land after the instant subdivision"), and on January 21, 2010 and February 3 of the same year, part of the land after the instant subdivision was transferred to the Plaintiff, the Plaintiff established by H, F, and F, as indicated in the column for the "co-owner (co-owner)" in the attached Table 2.

F. The F died on January 22, 2010, and the heir was the Defendant C and I, the child of the F, but the heir was the Defendant C and I. However, on July 6, 2010, the F reported the renunciation of inheritance under the Busan Family Court’s Family Court’s branch office 2010-Ma1217, and the F accepted the report of renunciation of inheritance from the above court on July 6, 2010, and Defendant C received the said report of renunciation of inheritance from the above court’s branch office 2010-Ma1216, on October 25, 2010 and received the report of the qualified acceptance from the above court.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2-1 through 3, Gap evidence No. 8-1 through 6, Gap evidence No. 10-1 through 6, Eul evidence No. 2-1 through 19, and the purport of the whole pleadings

2. Determination as to the cause of action

A. As to the allegation that the sales contract was rescinded

1) The plaintiff's assertion

In around 2009, the Plaintiff entered into a sales contract with the Defendants to sell part of the instant land purchased by the Plaintiff from D (Defendant B: 9,240 square meters, Defendant B: 9,900 square meters, Defendant F2,310 square meters per square meter) among the land before the instant subdivision that was purchased by the Plaintiff from D. The Defendants paid the purchase price by July 4, 2009. Accordingly, the Plaintiff completed the registration of ownership transfer from D as to the relevant portion of the land before the instant subdivision by way of intermediate omission registration in the future. However, since the Defendants revoked the sales contract by delivery of a duplicate of the complaint of this case, each registration of ownership transfer in the name of the Defendants should be cancelled.

2) Determination

There is no evidence to prove that the Defendants paid the purchase price pursuant to the sales contract to the Plaintiff by July 4, 2009 (the Plaintiff’s father, B, the Plaintiff prepared on January 18, 2010, and the Plaintiff and the joint and several surety note that the Defendants paid the purchase price pursuant to the sales contract to the Plaintiff is stated as “payment of the purchase price by mutual agreement after receiving the transferred factory site as collateral,” and even if a sales contract was concluded between the Plaintiff and the Defendants on part of the land before the division as alleged by the Plaintiff, as seen earlier, even if the contract was concluded between the Plaintiff and the Defendants on the part of the land before the division, as seen earlier, the Plaintiff’s obligation to construct the factory site and the ownership transfer registration obligation as well as the Defendants’ obligation to sell part of the land before the division to the F and the Defendant. Accordingly, there is no evidence to prove that the Plaintiff fulfilled the obligation to construct the land before the division as the factory site. Therefore, the Plaintiff’s assertion is without merit.

In addition, when one of the parties fails to perform his obligation within a reasonable period of time, the other party may rescind the contract when he gives notice of the performance within the reasonable period of time (Article 544 of the Civil Act). (Article 544 of the Civil Act), and there is no evidence to prove that the plaintiff given notice of the performance of the payment obligation to the Defendants for a reasonable period of time

B. As to the assertion on cancellation of a sales contract

The plaintiff, although the defendants did not intend to pay the purchase price, concealed the plaintiff and concluded a sales contract on part of the land before the division, and on this ground, the plaintiff revoked the sales contract by delivering a copy of the complaint of this case. Thus, the plaintiff's claim in the name of the defendants.

Each transfer of ownership in writing asserts that each transfer of ownership should be cancelled.

The evidence of evidence Nos. 6-1, 2, 7, 15-1, 2, and 16, and the witness J’s testimony alone is insufficient to recognize that the Defendants had concluded a sales contract on part of the land before the instant subdivision by deceiving the Plaintiff without hiding the intent to pay the purchase price, and there is no other evidence to support this. Thus, the Plaintiff’s assertion is without merit.

C. As to the assertion on invalidation under the title trust agreement

The plaintiff asserts that according to the plaintiff's request that the contract was concluded with D as to the land prior to the division of this case, the defendants completed the registration of ownership transfer concerning part of the land prior to the division of this case as the title trustee. According to the Act on the Registration of Real Estate under Actual Titleholder's Name, the above title trust agreement is null and void. Thus, the registration of each transfer of ownership stated in the

The evidence Nos. 6-1, 2, 7, and 16, and the witness J’s testimony alone is insufficient to recognize that the Defendants completed the registration of ownership transfer on part of the land before the instant partition as a title trustee upon the Plaintiff’s request. The Plaintiff’s assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim against the defendants of this case is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

Judges Eknbs

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.