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(영문) 광주지방법원 2015.05.14 2014가합3001
소유권확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 18, 1988, the registration of ownership transfer was completed to C on August 17, 2009 with respect to the land listed in [Attachment List No. 1] (hereinafter “instant land”), and the registration of ownership transfer was completed on August 3, 2009.

B. On August 27, 191, the registration of ownership preservation for the instant building, including the instant building and the instant land, was completed on August 17, 2009, and the ownership transfer registration was completed on August 3, 2009 on August 3, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion asserts that the instant real estate is owned by the Plaintiff for the following reasons, and that the Defendant asserted title trust for the instant real estate, thereby seeking confirmation as to whether the instant real estate is owned by the Plaintiff in order to eliminate the Plaintiff’s uncertainty and risk of legal status.

1) Although the sales contract between the Plaintiff and C states the purchase price of KRW 350,00,000, the actual purchase price is KRW 250,000,000, and the Plaintiff’s net mining and livestock cooperatives (hereinafter “netal mining and livestock cooperatives”) are secured by the instant real estate.

The Plaintiff was granted a loan of KRW 250,000,000, and paid it to C. The registration certificate for the instant real estate was owned by the Plaintiff as well as KRW 32,482,180,00 from the time of acquisition of the instant real estate until March 24, 2014. The Plaintiff bears KRW 77,00,038,731 from the time of acquisition of the instant real estate until March 24, 2014. The Plaintiff used and used the instant real estate from the Defendant.

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