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(영문) 제주지방법원 2017.05.16 2015가단16698
소유권이전등기 말소 및 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. Basic facts

A. On September 2012, the Plaintiff entered into a delegation agreement with Defendant B to vicariously perform duties, such as land division, construction design of tree tree houses, building permission, etc., in order to divide the F1,655§³ (hereinafter “F land before subdivision”) before Jeju-si, and perform the business of constructing and selling tree houses.

B. On July 3, 2012, the Plaintiff purchased the F land before subdivision from G, and completed the registration of ownership transfer on July 3, 2012, but completed the registration of ownership transfer under H’s name on September 25, 2012. (ii) The F land before subdivision was divided into KRW 828 square meters (hereinafter “F land after subdivision”) before Jeju-si, Jeju-si, and KRW 827 square meters before Jeju-si (hereinafter “I land before subdivision”).

3) After the first subdivision on October 16, 2013, Defendant B sold F land in the name of J and K in the purchase price at KRW 100 million. On October 30, 2013, Defendant B completed the registration of ownership transfer for one-half portion of F land after the first subdivision to J and K in the first subdivision. After the first subdivision, F land was divided into 414 square meters and 414 square meters prior to the first subdivision on March 5, 2015. (4) On the first subdivision, Defendant B completed the registration of ownership transfer for F land in the name of D, the Plaintiff’s wife, the Plaintiff’s wife, on October 30, 2013, and on the same day, Defendant B completed the provisional registration for F land before subdivision.

Before subdivision, I was divided into 414 square meters and 413 square meters prior to Jeju-si on April 4, 2014 (hereinafter “instant land”).

5) On April 18, 2014, when the Plaintiff cancelled the provisional registration under Defendant B’s name with respect to the instant land on the same day, the Plaintiff is deemed as the registration of ownership transfer under Defendant C’s name (hereinafter “instant registration of ownership transfer”).

C. From September 17, 2013 to July 17, 2014, Defendant B sold F land after the first subdivision to J and K, and paid the Plaintiff KRW 88 million out of the purchase price received. (No dispute over recognition exists.)

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