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(영문) 대구지방법원 2015.01.13 2014가단30176
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In light of the following facts: (a) the real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by the Defendant; (b) on May 21, 2014, the non-party C (the defendant’s children), who was self-employed by the Plaintiff and the Defendant’s agent, drafted the “ordinary sales contract” (Evidence A) on the instant real estate; (c) the deposit was paid to the non-party C as the down payment amount of KRW 10 million; and (d) the remainder was KRW 90,000,000 on the date of the preparation of the said contract; and (e) the Plaintiff paid the remainder to the non-party C as the down payment amount of KRW 10,000,000 on the date of the preparation of the contract; and (d) the Plaintiff paid the remainder to the non-party C by the means of taking over the obligation to refund the deposit money and the collateral security obligations against Daegu Livestock Cooperatives; and (d) the Plaintiff paid the deposit amount of KRW 40,000, Jun. 200.

The plaintiff asserts that since the defendant entered into a sales contract with the defendant for the real estate of this case normally and paid the price in full, the defendant is obligated to complete the registration of ownership transfer for the real estate of this case (the plaintiff asserts that the actual owner of the real estate of this case is the non-party C, and that the non-party C has the authority to represent the defendant) while the defendant did not enter into a sales contract for the real estate of this case with the plaintiff, and the non-party C did not have the authority to sell the real estate

In light of the above facts, the evidence and the purport of the entire argument as seen above, although Nonparty C was the defendant's child, the fact that Nonparty C operated real estate brokerage business in the instant real estate and had long been known to the plaintiff, on February 3, 2012, Nonparty C borrowed the instant real estate from Daegu Livestock Cooperative as security, and the fact that Nonparty C was authorized to dispose of the instant real estate as if it had the right to dispose of the instant real estate.

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