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(영문) 의정부지방법원 2015.05.14 2014가단114466
소유권이전등기
Text

1. Defendant B:

A. In respect of the 1/2 share of each real estate listed in the separate sheet to Defendant C, the District Court of India.

Reasons

1. Basic facts

A. On September 27, 2005, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on the part of Defendant C and the buyer as the Plaintiff entered into a sales contract with KRW 23 billion.

B. As to each of the instant real estates registered as Defendant C, the Disposition No. 1 in the name of Defendant B was made on September 27, 2005 on the ground of sale and purchase on September 27, 2005

The registration of ownership transfer as stated in the subsection (hereinafter referred to as the "registration of ownership transfer of this case") was completed.

C. On March 7, 2013, the establishment registration and the establishment registration of superficies on the real estate listed in the separate sheet No. 1 (hereinafter “instant one real estate”) was completed on the grounds of the contract to establish a contract on March 7, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. Determination as to Defendant B

A. The gist of the Plaintiff’s assertion is that the Plaintiff purchased each of the instant real estate from Defendant C and entrusted the registration title to Defendant B for convenience and completed the registration of transfer of ownership.

The plaintiff seeks the cancellation registration procedure of the ownership transfer registration of this case as to the 1/2 share out of each of the real estate of this case, which is null and void in lieu of the seller in subrogation of the defendant C, and seek the cancellation of the superficies and the registration of the establishment of the mortgage of the defendant North Seoul Agricultural Cooperative.

In addition, Defendant B entered into a farmland rental agreement with the Korea Rural Community Corporation on each of the instant real estate with the Korea Rural Community Corporation, and received annual rents, and paid the Plaintiff with five rice teas among them. In 2013, Defendant B claimed compensation for damages amounting to KRW 400,000,000,000,000,000,000 from the rice.

B. Defendant B’s summary of Defendant B’s assertion purchase of each of the instant real estate from Defendant C with KRW 13 million and registration of ownership transfer.

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