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(영문) 창원지방법원통영지원 2015.02.12 2013가합1248
소유권이전청구권가등기등말소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 10, 201, D, the representative director of C Co., Ltd. (hereinafter “C”), prepared a payment note to the effect that D would pay KRW 500 million to the Plaintiff KRW 50 million by February 15, 201, as the borrowed principal, repayment interest, and compensation for damages incurred to the Plaintiff, invested in the construction of the E and F ground in Gyeongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Plaintiff.

B. Pursuant to the above letter of payment, C completed the provisional registration of each right to claim ownership transfer (hereinafter “the Plaintiff’s provisional registration”) against the Plaintiff on January 10, 201, the Changwon District Court, Sungwon District Court, on January 11, 201, received on January 342, 201, with regard to the real estate in the attached list No. 1 (hereinafter “instant No. 101”) and the real estate in the attached list No. 2 and 3 (hereinafter “instant No. 201”), including each real estate in the attached list No. 1 (hereinafter “instant No. 101”) and each real estate in the attached list No. 2 and No. 301).

C. As of February 14, 2011, the Defendant prepared a certificate of transfer with the content that the Plaintiff and the Plaintiff’s provisional registration as to subparagraph 101 of the instant case transfer to the Defendant. On February 15, 2011, the Defendant prepared a commercial sale contract with the sales amount of KRW 350 million as to subparagraph C and subparagraph 101 of the instant case, and completed the registration of transfer on the same day as the registration of transfer of the provisional registration of the right to claim for transfer of ownership (hereinafter “the Defendant’s provisional registration registration registration as to subparagraph 101 of the instant case”) on February 18, 2011.

As of July 26, 2012, the Defendant prepared a transfer certificate with respect to the Plaintiff and the Plaintiff’s provisional registration regarding Nos. 201 and 301 of the instant case (hereinafter “the Defendant’s provisional registration regarding No. 201 and 301”) with respect to the transfer of each of the instant provisional registration to the Defendant on July 31, 2012, and prepared a sales contract with respect to Nos. 201 and 301 of the instant case, each of which is KRW 6,50,000,000, in which the sales amount is KRW 6,50,000,000. The date is the same as the registration of transfer of the right to claim ownership transfer (hereinafter “the Defendant’s provisional registration regarding No. 2

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