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(영문) 전주지방법원 2017.09.22 2016가단15343
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant’s share of 1/2 of the 6,611 square meters of forest land in Jeonju-gun, Jeonbuk-gun (hereinafter “instant share of land”).

(2) On April 24, 2002, the former District Court indictment No. 23553, and April 4, 2002, completed the registration of ownership transfer for the share in the instant land due to a compulsory auction and a successful bid. (2) The former District Court No. 60104, Jun. 3, 2016, No. 60104, May 4, 2016, filed for the registration of ownership transfer for the share in the instant land.

B. Around the beginning of February 2016, Plaintiff husband D received a trade consultation with the Defendant on the instant land portion E and the instant land portion. On March 16, 2016, the Plaintiff deposited KRW 13 million in the name of the Plaintiff to the Agricultural Cooperative Account under the name of the Defendant under the premise that the purchase price was KRW 130 million. 2) On May 10, 2016, the Plaintiff deposited KRW 13 million in the name of the Plaintiff under the name of the Defendant under the premise that the purchase price was KRW 130 million. 2) D deposited the Plaintiff’s account in the name of the Defendant agricultural cooperative on May 10, 2016.

3) On May 25, 2016, the Defendant deposited KRW 123,00,000 as a deposit account with the content that “D intended to return the money deposited in the account on the grounds that the sales contract becomes null and void, but D refuses to receive it,” as the deposit cause, as the deposit cause, the Defendant deposited KRW 123,00,000 as the deposit account. [This ground for recognition Gap 1 through 6, Eul 6, and the purport of the entire pleadings, as well as the purport of the entire pleadings.”

2. The parties' assertion

A. On February 2016, the Plaintiff’s husband D entered into a sales contract with Defendant E, and the instant land share (a contract amounting to KRW 130 million, part payments, KRW 110 million, and KRW 7 million) with respect to the purchase price, the Plaintiff’s husband D entered into an oral sales contract with Defendant E and the instant land share.

3.

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