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(영문) 수원지방법원 평택지원 2018.05.11 2017가단5353
소유권이전등기절차이행
Text

1. The defendant is paid KRW 15 million from the plaintiff, and at the same time, he is about KRW 270.3m2 to the plaintiff.

Reasons

1. Facts of recognition;

A. Around December 12, 2008, the Plaintiff agreed with the Defendant on the following terms: (a) Pyeongtaek-si C 270.3 square meters (hereinafter “instant land”) between the Plaintiff and the Defendant.

For 36 months, the plaintiff lent the name of transfer registration of the land in this case to the plaintiff, and the defendant lends KRW 15 million to the plaintiff the right to cultivate the land in this case, including the registration cost, that the plaintiff is entitled to cultivate the land in this case, and the plaintiff returns KRW 15 million to the defendant three years after the defendant bears the burden. At the same time, the defendant provides all documents necessary for the change of the name of the land in this case to the plaintiff, and the defendant recognizes

B. According to the above agreement after the implementation of the agreement by the plaintiff and the defendant, the defendant lent KRW 15 million to the plaintiff and bears the registration expenses, etc., and the plaintiff completed the registration of transfer of ownership on the land of this case as of December 12, 2008 by the Suwon District Court Decision No. 46,172, Nov. 24, 2008.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1, Eul evidence 2 (the defendant is not a forged defense against Gap evidence 2, but there is no evidence to acknowledge it, rather, according to Gap evidence 3 and 4, it is confirmed that Gap evidence 2 was genuine) and the whole purport of arguments and arguments)

2. According to the above findings of the determination as to the cause of the claim, the above agreement between the plaintiff and the defendant is a sort of bearer contract with a security right. Since the above agreement agreed to simultaneously perform the secured obligation and the registration title of the land of this case, the defendant was paid KRW 15 million, which is the secured obligation, by the plaintiff. At the same time, the defendant completed the registration office of the Suwon District Court as of December 12, 2008, as the defendant completed the agreement with the plaintiff as to the land of this case with the payment of KRW 15 million, which is the secured obligation.

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