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(영문) 창원지방법원통영지원 2015.01.20 2013가단10696
소유권이전등기말소
Text

1. The plaintiff's conjunctive claim against the defendant C shall be dismissed.

2. The Plaintiff’s claim against Defendant B.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in Gap evidence Nos. 1, 2, 5, 6, and Eul evidence Nos. 5 through 7 (including branch numbers), with a comprehensive view to the whole purport of the pleadings:

Defendant B lent KRW 22,00,000 to the Plaintiff around July 9, 2008.

(B) The Plaintiff’s above loan obligation (hereinafter “instant loan obligation”)

In addition, on July 25, 2008, the Plaintiff filed with Defendant B an ownership transfer registration for each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by it, (i) the Changwon District Court rendered on July 25, 2008, (ii) the ownership transfer registration for the reason of sale on July 9, 2008 (hereinafter “instant first ownership transfer registration”).

C. After that, Defendant B had Defendant C complete the ownership transfer registration (hereinafter “instant second ownership transfer registration”) on October 16, 2008 (hereinafter “instant sales contract”) from Changwon District Court Branch Branch of the Changwon District Court, the receipt of October 17, 2008, No. 30640, Oct. 16, 2008 (hereinafter “instant sales contract”).

On the other hand, on July 10, 2012, the Plaintiff filed a complaint with the Defendant B to the effect that “The Defendant B embezzled the instant real estate by completing the instant title transfer registration at will, despite having received only the name of the instant real estate from the Plaintiff and completed the instant title transfer registration,” the Plaintiff embezzled the instant real estate by completing the instant title transfer registration to Defendant C at will.

E. However, as a result of the investigation of the above embezzlement complaint case, Defendant B was subject to a non-guilty disposition, and the Plaintiff rather was Defendant B.

On August 14, 2013, the Defendant was sentenced to a two-year suspended sentence on the grounds of the crime of false accusation as stated in paragraph (1) and the Defendant was sentenced to a two-year suspended sentence on August 14, 2013. On the first instance judgment, the Defendant filed an appeal with the Changwon District Court No. 2013No1600, but was sentenced to the dismissal of appeal on December 19, 2013, and thereafter, the Defendant filed an appeal with the Supreme Court No. 2014Do522 against the said appellate judgment.

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