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(영문) 인천지방법원 2018.12.20 2017가단202790
소유권이전등기
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 13, 2013, the Defendant newly constructed a sub-lease on the land outside Incheon-gun and one parcel (hereinafter referred to as the “instant loan”). Around November 13, 2013, the Defendant concluded a sales contract with the non-party FF Co., Ltd. to the effect that the sales contract was concluded with the non-party FF Co., Ltd. for the instant loan E (hereinafter referred to as the “instant loan”) by setting the sales price of KRW 95,150,00 as KRW 95,150,00 (Evidence No. 3). The Defendant issued the sales contract to the non-party G who actually operated the said company.

B. On November 31, 2013, the Defendant prepared a sales contract (Evidence 3) with F Co., Ltd. to the effect that the sales contract was concluded with F Co., Ltd. at KRW 95,150,000 with regard to H (real estate stated in the attached list No. 2) and delivered it to G.

On the other hand, the transfer confirmation column of the above contract for sale is indicated as being transferred to Plaintiff B in order through the above company, G, I, and J, but the confirmation column is not the defendant's seal, but the transfer and the transferee's seal are affixed.

C. Around November 2013, G borrowed money to Nonparty I for construction funds by issuing a sales contract for the instant loan with two different generations, including Hhoho and K, and at the same time I prepared and issued to G a letter to the effect that, if the sales contract is lost or provided by transfer and water exchange, he/she will be fully responsible for the civil and criminal liability.

G delivered the sales contract for E to I, and when I requested the Defendant to prepare again on the ground of the loss of the above sales contract, around January 26, 2014, upon request of the Defendant, the sales contract for E was re-written on January 20, 2014, stating the purchaser of the above sales contract for E, and then delivered it to I. The object of the above sales contract is different from the entry of the registry for each of the households of B Dong Dong-dong.

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