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(영문) 수원지방법원 2016.01.12 2014가단536840
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On July 21, 1997, E completed the registration of ownership transfer with respect to the land of 803 square meters in the wife population D (hereinafter “instant land”). E died on October 26, 200.

B. On July 21, 2014, Defendant C, the wife of E, completed the registration of ownership transfer based on inheritance by consultation and division on October 26, 200.

C. Defendant B: (a) operated the mutual convenience store of “G” from the wife population F in Pyeongtaek-si; and (b) operated construction machinery rental business, etc. in Pyeongtaek-si H with the trade name “I”; (c) on July 21, 2014, Defendant B purchased the instant land from Defendant C for the purpose of using it for the parking lot, etc. of construction machinery; (d) paid the sale price in full on the same day; and (e) completed the registration of ownership transfer with respect to the instant land.

Grounds for recognition: Gap 1, Eul 1-4, Eul 2 (each number is included; hereinafter the same shall apply), the whole purport of oral argument.

2. Determination

A. The plaintiff's assertion that the plaintiff purchased the land of this case from E on July 2, 1997 at KRW 20 million, and paid the above purchase price in full and cultivated and occupied the land of this case until now. As such, the defendant C, the inheritor of E, is obligated to implement the procedure for the registration of ownership transfer of the land of this case to the plaintiff.

Since the sales contract for the instant land between Defendant C and Defendant B is null and void as an anti-social legal act that the Defendants concluded in collusion, Defendant B is obligated to implement the procedure for the cancellation of ownership transfer registration for the instant land.

B. In full view of the statements in the evidence No. 12 and No. 3, and the witness J’s testimony on July 2, 1997, E sold the instant land to the Plaintiff et al. and three other parties as the intermediary of J on July 2, 1997, and the contract deposit amount of KRW 5 million was paid at the time of the contract, the intermediate payment of KRW 5 million, and the remainder payment of KRW 10 million was paid on July 20, 1997, and before the remainder payment was made.

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