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(영문) 대구고등법원 2017.08.16 2016나1145
소유권이전등기
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added by this court are all dismissed.

2. Costs of appeal; and

Reasons

Basic Facts

The plaintiff and the defendant are private villages.

The defendant's mother C is the plaintiff's mother.

1) On March 3, 2010, the Plaintiff and C are the 1,894 square meters in Daegu-gun Ethical from F on March 3, 2010 (hereinafter “instant land”).

(2) On March 5, 2010, the Plaintiff and C jointly purchased the purchase price of KRW 355,00,000. However, for convenience, the owner’s name was determined to be two in the future of the Defendant, who is his father’s father, and completed the registration of ownership transfer in the future of the Defendant on March 5, 2010. (2) At the time of the Plaintiff and C, the Plaintiff and C, respectively, shall pay KRW 52,50,000 out of the purchase price, and on March 5, 2010, the Plaintiff and C set up a collateral security (the debtor, the maximum debt amount of KRW 325,00,000) as to the instant land and set up the remainder of the

In addition, 11,600,000 won was borne by the Plaintiff in aggregate of the cost of creating collateral security and the registration tax.

【In the absence of any dispute, the Plaintiff and C agreed around April 201 as follows: (a) the Plaintiff’s assertion that there was no dispute; (b) Gap’s evidence Nos. 1 and 2 (which does not include any number; hereinafter the same shall apply); and (c) the purport of the entire pleadings as to the primary claim.

(hereinafter “instant settlement agreement”). The Plaintiff would have the entire ownership of the instant land instead of granting the following settlement payments to C.

Liquidation amount: KRW 379,00,000 for the instant land purchase amounting to KRW 4,000 (i.e., KRW 12,400,000 for the purchase price of KRW 355,000 for the first year, and KRW 11,600,000 for the establishment of collateral security interest of KRW 12,400 for the first year, and KRW 129,000 for the loan of KRW 129,000 for the amount calculated by deducting KRW 250,000 for the loan from KRW 11,60,000 for the first year, (i.e., KRW 379,000 for the - KRW 250,000 for the - KRW 250,000 for the - KRW 250,000 for the purchase price) shall be the shares of KRW 364,500,00 for the instant land.

Here, 4,00,000 won (=64,50,000 won - 60,500,000 won - 60,500,000 won) calculated by deducting the Plaintiff’s loan claim 60,500,000 won against C shall be deemed the settlement amount pursuant to the above settlement agreement. As such, the Plaintiff paid 4,160,000 won to C on April 26, 201, the Defendant paid 4,160,000 won to the Plaintiff.

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