소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
Around August 2014, the Plaintiff, an employee of C (hereinafter referred to as C) entered into an agreement on share transfer/acquisition agreement with the Defendant, the representative director of C, stating that “The Plaintiff shall take over KRW 300 million (hereinafter referred to as “D”) in the manner of receiving the entire shares issued by the Defendant from the Defendant, “D D & D established at the time of YY-si in China,” but the Plaintiff shall transfer the real estate listed in the attached list owned by the Plaintiff (hereinafter referred to as “instant real estate”) to the Defendant as the payment of the down payment amount of KRW 100 million and pay the remainder of KRW 200 million in installments for two years.
(hereinafter “instant agreement”). On October 28, 2014, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendant on October 28, 2014 pursuant to the instant agreement.
On October 6, 2015, with respect to the procedure for the implementation of the instant agreement with the Defendant, the Plaintiff drafted a letter of commitment that “the Plaintiff shall pay KRW 100 million to the Defendant by December 31, 2015, and pay the remainder KRW 100 million by December 31, 2017, and the Defendant shall receive KRW 100 million from the Plaintiff by December 31, 2015, prepare a share acquisition agreement and repay KRW 2,40,000,00 in Chinese bank loans of D.”
(hereinafter referred to as “instant undertaking”). The Plaintiff paid a total of KRW 100 million to the Defendant over 17 occasions from September 13, 2015 to December 24, 2015, according to the instant undertaking.
On January 6, 2016, the Plaintiff drafted an agreement with the Defendant and the Plaintiff stating that “In accordance with the instant undertaking, the Plaintiff will accept any civil or criminal legal measure if the Plaintiff fails to implement the agreement, setting forth and paying repayment lines that pay the balance of KRW 100 million to KRW 4 million through KRW 24 times from January 25, 2016 to December 25, 2017.”
(hereinafter referred to as “instant agreement,” and together with the instant agreement and undertaking, the Plaintiff paid KRW 4 million to the Defendant on January 25, 2016 according to the instant agreement.
[Ground of recognition] dispute.