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(영문) 대전지방법원천안지원 2017.11.01 2017가단108239
매매대금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. D around May 1962, 1962, with respect to the area of 1,805 square meters, Jeonnam-gun, Jeonnam-gun, Jeonnam-gun, and completed each registration of ownership transfer on the area of 2,815 square meters before C around August 1981.

B) B. On November 26, 1997, D completed the registration of transfer of ownership on the land of 1,805 square meters and 2,815 square meters prior to E on November 25, 1997 to F. F has completed the registration of transfer of ownership on the land of 1,805 square meters and 2,815 square meters prior to E on November 25, 1997. (c) On July 1, 2013, F completed the registration of transfer on the land of 1,805 square meters prior to E and 2,815 square meters prior to C on June 19, 2013 to the Defendant on the land of 1,805 square meters and 2,815 square meters prior to E. [based on recognition] without dispute, the purport of each entry and each purport of all pleadings

2. The assertion and judgment

A. G, the Plaintiff’s assertion, along with D, purchased 70 square meters for G from H to 2,815 square meters (hereinafter “instant land”) and 151 square meters for G, which is the Plaintiff’s protocol, and D signed a title trust agreement with D, and completed the registration of ownership transfer in the name of D with respect to 2,815 square meters prior to C.

Since G donated the instant land to the Plaintiff, the instant land is owned by the Plaintiff.

Since that time, the Plaintiff continued to grow up farming houses on the instant land.

On the other hand, D on November 25, 1997, sold 151 square meters among E’s 1,805 square meters and 2,815 square meters prior to E, but completed the registration of ownership transfer in the name of F as designated by the Defendant with respect to the total area of 1,805 square meters and 2,815 square meters prior to E.

The Defendant was aware that the instant land was owned by the Plaintiff, and that it did not purchase the instant land from D, and paid only the price for the portion other than the instant land to D.

On March 23, 2016, the Defendant paid KRW 8.2 million as the price for the instant land to the account under the name of I at will.

Ultimately, the Defendant, without any legal ground, completed the registration of ownership transfer on the instant land without a legal ground, obtained a benefit of KRW 17.5 million (=25,000 per square meter x 700 square meter), and suffered a loss equivalent to the same amount from D.

D The plaintiff on June 19, 2017.

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