소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 28, 1989, the defendant was awarded a successful bid for the land listed in the annexed Table 1 (hereinafter “instant land”) and completed the registration of ownership transfer on August 14, 1989.
B. The Plaintiff’s husband Nonparty C (the deceased on April 26, 2015, hereinafter “the deceased”) completed the registration of initial ownership on October 22, 199 as to the building listed in the attached Table 2 (hereinafter “instant building”). On February 13, 2015, the Plaintiff donated the said building to the Plaintiff and completed the registration of initial ownership transfer on February 25, 2015.
C. Regarding the instant building, the Defendant’s four collateral security rights (hereinafter “instant collateral security rights”) was established as follows. On March 20, 2015, the registration of the establishment of each of the instant collateral security rights was cancelled on the grounds of termination.
On November 22, 1999, KRW 4 million, KRW 20 million, KRW 50 million, January 3, 2002, KRW 51, January 31, 2011, KRW 60,000,000, KRW 5000,000,000 [based] 6, April 1, 201, 201, KRW 150,000,000, KRW 6,000,000, KRW 20,000,000, KRW 25,000,000,000, the maximum debt amount on the registration date of creation of a collateral security, and the purport of the entire pleadings.
2. Judgment on the plaintiff's claim
A. The Plaintiff’s claimant, the deceased, and Nonparty D, their head, were liable for the Defendant’s loan, and the deceased established the instant collateral on one’s own building as collateral. However, upon the Plaintiff’s request that the Plaintiff sell the instant land, which is the site of the instant building, to the Plaintiff, the Defendant promised to transfer the ownership of the said land to the Plaintiff, if the sum of KRW 345 million and the purchase price of the said land is KRW 45 million.5 million.
The Plaintiff transferred KRW 345 million to the Defendant on March 20, 2015 in accordance with the foregoing agreement. If so, the Defendant also transferred the instant land to the Plaintiff on March 20, 2015 pursuant to the agreement.