소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 29, 2017, the Defendant concluded a contract with the Plaintiff on November 29, 2017, under which the Plaintiff was responsible for the completion inspection of the said building in the name of the Defendant (hereinafter “instant sales contract”), and paid part of KRW 30,000,00 to the Plaintiff out of the down payment, and as part of the Defendant’s loan claim amounting to KRW 110,000,000 against G, instead of paying the remainder down payment, the Plaintiff transferred to the Plaintiff the loan claim of KRW 110,000,000 against the Defendant G (hereinafter “instant building”).
(B) In lieu of the payment of the above loan claim, the Plaintiff was transferred an officetel located in H in Sungsung City in lieu of G.
Then, on December 4, 2017, when the Defendant did not pay any balance under an agreement with the Plaintiff, the Defendant completed the registration of ownership transfer for the instant building site under the name of the Defendant on the grounds of sale and purchase, and on the same day, completed the registration of ownership transfer for the instant land in order to secure the remainder to the Plaintiff on the same day.
Meanwhile, on December 7, 2018, the Defendant completed registration of initial ownership in the name of the Defendant regarding the instant building (construction on July 4, 2018).
C. After moving into the instant building, the Defendant demanded the Plaintiff to terminate the contract on the ground that there was a defect, and on July 12, 2018, filed a lawsuit against the Plaintiff seeking restitution and penalty upon the termination of the contract (Uwon District Court 2018Gahap1745).
On September 17, 2018, the Defendant concluded an agreement to cancel the agreement with the Plaintiff with the following contents (hereinafter “instant agreement”), and withdrawn the following lawsuit.
When the plaintiff and the defendant terminate a sales contract under mutual agreement, they shall observe the following matters:
When the contract of sale is terminated, it shall be for housing.