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(영문) 울산지방법원 2016.03.15 2015가단54980
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. The pertinent plaintiff is E and high school, and the defendant is the wife of E.

B. 1) The Plaintiff, Defendant, and E jointly invested the instant land in order to purchase the instant land, but the ownership transfer registration was to be completed in the future of the Defendant (hereinafter “instant investment agreement”).

(2) On December 28, 2006, the Defendant prepared a sales contract on December 26, 2006, which was the owner of the instant land and purchased the said land in the amount of KRW 485 million, and completed the registration of ownership transfer under the Defendant’s name on January 24, 2007.

(hereinafter referred to as the “instant sales contract”) C.

1) On the date of the conclusion of the instant sales contract, the Defendant: (a) transferred the Plaintiff’s wife F’s friendly G bank account to H’s bank account; and (b) again transferred the Plaintiff’s friendly G bank account to the Defendant’s bank account; (c) KRW 350 million in total, which the Defendant and E prepared for each of KRW 150 million and KRW 300 million. (b) The Defendant spent KRW 350 million out of KRW 350 million as a certified judicial scrivener’s expenses; and (c) deposited the remainder of KRW 347 million in D’s bank account.

3) At the time of the conclusion of the instant sales contract, the Plaintiff’s claimant as the Plaintiff’s agent had a 88 million won check, and the check amount was deposited into D’s bank account on the day of the contract. [Grounds for recognition] The fact that there is no dispute, Gap’s 1 through 3, and Eul’s 1 through 7 (including each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination

A. The sales contract of this case, which is the cause of the Plaintiff’s primary claim, stated that the sales price is KRW 485 million, but this stated in order to reduce the transfer tax to be imposed at the time of the last resale of the above land, and the actual sales price is KRW 390,455 million.

The Plaintiff purchased the instant land.

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