대여금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
1. As to the main claim
A. The Defendants are married, and the Plaintiff is the mother of Defendant C.
On November 4, 2009, the Defendants concluded a sales contract with D for the Seocho-gu Seoul Metropolitan Government E Housing Site and Ground Housing (hereinafter “instant housing”) for KRW 1.02 billion (hereinafter “instant sales contract”) and paid the down payment (hereinafter “instant down payment”) to D on the same day.
As of November 12, 2009, as of November 4, 2009, on the instant housing, the registration of co-ownership of 50% shares in Defendant B, Defendant C’s 45% shares, and Plaintiff’s future 5% shares was completed. On the same day on the same day on December 29, 2010, Plaintiff 5% shares were transferred to Defendant C.
On December 30, 2010, Defendant C remitted KRW 24,300,00 to the Plaintiff.
The instant housing was changed to G Apartment H and I after the disposition of replotting by F Housing Reconstruction Improvement Project.
[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 5, 6, 7, 8, 9, 12, and the purport of the whole pleadings
B. The Plaintiff asserted that the Defendants purchased the instant housing by soliciting the purchase of the instant housing that is expected to have high profitability in the self-building area of Seocho-gu Seoul, Seocho-gu, Seoul, and thus, the Defendants purchased the instant housing. In this case, the Plaintiff, instead of granting the down payment of KRW 100 million, was agreed to hold 10% shares of the instant housing
However, the defendants registered only 5% shares in the name of the plaintiff with respect to the housing of this case under the name of the plaintiff, as well as Ismadodo, he arbitrarily completed the registration of ownership transfer in defendant C without the plaintiff's consent after 1 year.
Therefore, the Defendants seek to implement the ownership transfer registration procedure based on the sale on November 4, 2009 (opportune agreement) with respect to the 10% share of the real estate listed in the separate sheet.