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(영문) 부산지방법원 2016.07.27 2015가단23129
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The title relationship, etc. of the instant real estate 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”).

(B) On July 8, 2012, the Plaintiff entered into a sales contract with F on February 5, 2013, and the Plaintiff completed the registration of ownership transfer on February 8, 2013 on the basis of the above provisional registration after the F completed the registration of the provisional right to claim ownership transfer based on the purchase and sale reservation. (2) The Plaintiff entered into a sales contract with F on February 5, 2013, and the Plaintiff’s purchase of the instant real estate at KRW 105,00,000, and completed the registration of ownership transfer on February 8, 2013.

3) F filed a lawsuit against the Plaintiff, as Busan District Court Decision 2013Gadan82575, seeking the cancellation of the Plaintiff’s transfer of ownership to the instant real estate. 4) The Plaintiff drafted an agreement with F on November 20, 2013, stating the following:

From 1 to 6 omitted

7. The instant real estate was owned by F but held in title trust to the Plaintiff, and F was granted a loan of KRW 100 million at the Saemaul Treasury in the name of the Plaintiff and paid only interest.

Around two years, F will be responsible and F will be fully paid, and the transfer of ownership will cancel the ownership of the plaintiff due to the current lawsuit that the plaintiff does not cause any damage, and F will have ownership as its original condition.

8. Until the above housing was held in the Plaintiff’s name, F will be performed in accordance with F’s intent, and the Plaintiff will commit all acts such as sale, transfer, lease, etc., and this will also be governed and resolved by F.

5. According to the above agreement, the Plaintiff and F did not object to the decision in lieu of the conciliation of the case No. 2013Gadan82575 dated May 15, 2014, which included the phrase “the Plaintiff’s procedures for the cancellation of ownership transfer, etc. concerning the instant real estate” and the said decision became final and conclusive around that time.

B. The relationship G between the parties is the former wife of Defendant B and the mother of H, and the Defendant C is the seat of Defendant G and Defendant B.

E, the former owner of the instant real estate, is married with H and thus subject to this case.

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