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(영문) 인천지방법원 2014.05.20 2012가합33583
소유권말소등기
Text

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

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

Reasons

1. Basic facts

A. After selling lottery tickets to D, the Plaintiff filed a lawsuit claiming the amount of lottery credit on D as 2010da94105 with this court.

On December 24, 2010, the above court rendered a judgment that "D sold D lottery tickets worth KRW 25 million per annum on December 31, 2008, and KRW 25 million on May 13, 2009, and D repaid 20 million out of the lottery proceeds in early June 2010," on the ground that "D repaid 23 million to the Plaintiff during the period from May 14, 2009 to October 20, 2010, the delivery date of a copy of the complaint, and 5% per annum from the next day to the day of complete payment."

The above judgment became final and conclusive on January 21, 201.

B. Meanwhile, D completed the provisional registration of ownership transfer registration under the Incheon District Court No. 9055, Jul. 29, 2008, which was received on July 28, 2008 with respect to the instant real estate 1 and 2 owned by it, based on the purchase and sale promise as of October 19, 2012, and completed the principal registration of ownership transfer registration under the Incheon District Court No. 93250, Oct. 19, 2012 as of October 19, 2012.

C. In addition, with respect to the instant 3 and 4 real estate owned by D, the mother of Defendant C (former names: E) who was his mother on September 2, 2008, completed the registration of the right to claim the transfer of ownership under the receipt of No. 80334 on September 3, 2008, the registration of the right to claim the transfer of ownership was completed, and the registration was completed on August 18, 201, as the receipt of No. 80875 on August 18, 2011, by reason of the sale as of August 18, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion is as follows: (a) from March 2008, the Plaintiff sold lottery tickets to D from time to time; and (b) the credit amount accumulated; and (c) KRW 20 million as of December 31, 2008; and (d) five million as of May 13, 2009.

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