소유권이전등기 등
1. The defendant is paid KRW 100,000,000 from the plaintiff, and at the same time, he is about KRW 370,000,000 to the plaintiff.
1. Facts of recognition;
A. On June 9, 2016, a real estate sales contract was formulated on the following, which made the seller the Defendant and the purchaser as the Plaintiff, with respect to the area of 370 square meters (hereinafter “instant real estate”) prior to C at the time of Sejong-si owned by the Defendant (hereinafter “instant real estate”).
(2) Article 1 of the Real Estate Sales Contract (Sales Price and Time) (1) of the Real Estate Sale and Purchase Act (hereinafter “Sale Price and Time”) is as follows.
The purchase price of KRW 100 million shall be paid at the time of the contract and the intermediate payment of KRW 20 million shall be paid at the time of the contract, and the remainder of KRW 50 million on September 30, 2016 shall be paid at the time of November 30, 2016.
Article 3 (Extinguishment of Rights, etc.) If there is any reason for restricting the exercise of ownership, or the shortage of public charges or other charges, a seller shall remove the defects, burdens, etc. of his/her rights and transfer his/her full ownership before the date of receipt of
Provided, That this shall not apply where otherwise agreed.
B. According to the instant sales contract, Plaintiff or Plaintiff’s husband D deposited KRW 30 million in the Defendant’s account on June 10, 2016, and KRW 50 million in total on September 22, 2016, pursuant to the instant sales contract.
C. On June 5, 2017, the Defendant’s husband E, who was substantially involved in the instant sales contract, claimed the cancellation of the instant sales contract, and deposited KRW 60 million in the Plaintiff’s account in the name of the Defendant (i.e., the above KRW 50 million).
Meanwhile, from the time of the instant sales contract to the date of the conclusion of pleadings, the registration of the establishment of the instant real estate was completed by the Gwangju District Court for the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the maximum debt amount of KRW 110,50,000,000, the debtor F, and the collective security association, as of January 29, 2016, under Article 3808.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the response of July 10, 2018 concerning the order to submit financial transaction information to H unions, the whole pleadings.