(영문) 서울중앙지방법원 2018.09.12 2017가합584528

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(영문) 서울중앙지방법원 2018.09.12 2017가합584528

소유권이전등기이행

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1. The defendant shall be the plaintiff.

(a) As to the real estate listed in the separate sheet No. 1, due to sale and purchase on July 19, 2017.

Reasons

1. Basic facts

A. On July 19, 2017, the Plaintiff purchased real estate listed in the separate sheet No. 1 (hereinafter “C site”) from the Defendant from the Defendant at KRW 380,00,000,000,000,000,000,000 won as “the balance of equity transfer in August 2010,” between the Plaintiff and the Defendant, in lieu of payment. The remainder KRW 230,000,000,000,000,000, is to be paid to the Defendant by August 22, 2017, and the Defendant entered into a sales contract with the terms that the Plaintiff agreed to transfer the ownership of the C site (hereinafter “instant sales contract”).

B. On July 19, 2017, the Plaintiff: (a) as between the Defendant and the Defendant on July 19, 2017, donated each of the instant real estate owned by the Defendant to the Plaintiff 1/6 shares in 1/3; (b) 1/18 shares in each of the said real estate (i.e., shares in 1/6 x 1/3; hereinafter “the instant gift agreement”), and (c) as between the Plaintiff and the Plaintiff, the donation cost is borne by the Plaintiff.

(c) On August 22, 2017, the Plaintiff deposited KRW 230 million for the remainder of the instant sales contract with the Sungwon District Court Sung-nam Branch, Sungwon District Court (Seoul District Court Decision 3975, 2017) with the Defendant as the principal deposit on August 22, 2017. [Grounds for recognition] The Plaintiff did not dispute, Gap Nos. 1 and 2 (where there are serial numbers, including each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. According to the above recognition of the Plaintiff’s cause of claim, the Defendant, barring special circumstances, is obligated to implement each procedure for the registration of transfer of ownership as to the portion of land in Leecheon-si, on the ground of the instant contract for the instant donation, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion of the assertion regarding the instant sales contract is null and void since the instant sales contract was made by means of false representation of a false representation of a sales contract that was made by pretending to a sales contract that was not actually executed. However, the substance thereof is

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