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Reasons
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(영문) 서울고등법원 2019.04.25 2018나2037923
소유권이전등기말소 등 청구의 소
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1. Upon receiving a claim for a change in exchange from this court, the defendant shall pay to the plaintiff KRW 30 million and its related amount on September 2019.

Reasons

1. Basic facts

A. On July 3, 1985, the Plaintiff and the Defendant were legally married couple who completed a marriage report, and had their children J as their children, and agreed on March 2, 2002.

B. On February 20, 2009, the Plaintiff’s real estate indicated in [Attachment 1] List 1 (hereinafter “instant loan”).

(2) On March 12, 2009, the Plaintiff and the Defendant concluded a contract to sell K and the instant loan in the name of the Defendant on October 6, 2009, upon purchasing the Plaintiff and completing the registration of transfer of ownership under the name of the Defendant on March 12, 2009. The Plaintiff and the Defendant decided to sell the instant loan in the name of the Defendant. On May 1, 2018, the Defendant concluded a contract to sell K and the instant loan in the name of both the Plaintiff and the licensed real estate agent to K for KRW 135 million.

(3) On June 28, 2018, K completed the registration of transfer of ownership (No. 2409555) on the loan of this case on May 1, 2018. (c) On May 27, 2004, the Plaintiff completed the registration of transfer of ownership on the real estate listed in the [Attachment 2] List on May 22, 2004 on the ground of exchange on May 27, 2004 (hereinafter “the instant cartel”). On October 1, 2008, K completed the registration of transfer of ownership under its name on the real estate listed in the [Attachment 2 List] list on June 22, 2004 (hereinafter “the instant cartel”). On September 29, 2008, K completed the registration of transfer of ownership security (No. 116314 of the registration of the Incheon District Court) to the Defendant on September 29, 2008.

2) On July 20, 2011, the Plaintiff and the Defendant drafted a sales contract stating that “the Plaintiff sold the instant telecom to the Defendant at KRW 1.34 billion, but the down payment was received at the time of the contract, and the remainder of KRW 740 million was paid on August 1, 2011.” On August 1, 2011, the Plaintiff completed the ownership transfer registration for the instant telecom, which was made on July 20, 201, to the Defendant on July 20, 2011 (the Incheon District Court’s registration No. 75890) with respect to the instant telecom.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 6, 24, and Eul

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