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(영문) 대전지방법원 논산지원 2018.07.12 2018가단148
매매를 원인으로 한 소유권이전등기
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. Facts of recognition;

A. H married with I on July 28, 1961 and had the Defendants as their children.

I died on December 20, 1992, and H returned to J on August 3, 2002.

B. I purchased the instant land on January 26, 1985 and completed the registration of ownership transfer.

Since then, the registration of ownership transfer was completed on December 20, 192 in the name of the Defendants with respect to the 3/13 share in the land of this case, and each 2/13 share in the name of H, and on December 20, 1992.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) from May 27, 2009 to May 27, 2015, H and J borrowed a total of KRW 85 million from the Plaintiff; and (b) further borrowed KRW 14 million on November 20, 2015, the Plaintiff agreed to transfer the ownership of the instant land and the instant land and the building on the said land to the Plaintiff.

3. Determination H is only entitled to dispose of 3/13 shares owned by oneself among the instant land, and there is no right to dispose of the remaining 10/13 shares owned by the Defendants.

However, there is no evidence to acknowledge the fact that the Defendants themselves, not H, agreed to transfer their own shares in the instant land to the Plaintiff.

Even if the Plaintiff’s assertion and H acted on behalf of the Defendants, there is no evidence to deem that H lawfully obtained the power of representation from the Defendants prior to the transfer of the instant land share.

Therefore, the plaintiff's assertion cannot be accepted.

4. In conclusion, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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