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(영문) 창원지방법원 2019.01.10 2018가단7958
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff received KRW 80 million from the Defendant around December 2016.

B. On November 15, 2017, the Plaintiff and the Defendant agreed with the following contents:

(hereinafter “instant agreement”) between December 16, 2016 and December 17, 2016, between December 16, 2016 and December 17, 2016, the Plaintiff confirms that the Plaintiff’s claim for the repayment of loans, which the Defendant lent KRW 80 million to the Plaintiff’s agricultural bank account, issued the documents pertaining to the transfer of ownership to the Defendant of the instant real estate owned by the Plaintiff, any claims and obligations between the Defendant and the Plaintiff, upon completion of the settlement of accounts, do not exist any claims and obligations between the parties.

C. On November 16, 2017, the Plaintiff completed the registration of ownership transfer, such as the purport of the claim, with respect to the instant real estate, to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-2, Gap evidence 4, Eul evidence 2-3, the purport of the whole pleadings

2. The plaintiff asserted that the registration of invalidity of cause is a registration of invalidation, but he/she was subject to joint intimidation from four persons including the defendant at the scene of Myanmar, and completed the registration of ownership transfer in the future of the defendant with regard to the instant real estate in response to the defendant's demand.

Therefore, since the ownership transfer registration under the name of the defendant with respect to the real estate in this case is a registration invalidation of cause, the procedure for cancellation registration is sought.

3. As to the assertion that the Plaintiff was subject to intimidation upon receipt of a request from the Defendant for the registration of ownership transfer concerning the instant real estate from the Defendant, each statement of evidence Nos. 4, 5, and 6 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of evidence Nos. 4, 1, 2, and 3 as well as the overall purport of the pleadings, the Defendant filed a complaint against the Plaintiff with the Changwon Police Station on August 25, 2017 regarding KRW 80 million, which was remitted to the Plaintiff around December 2016.

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