beta
(영문) 서울중앙지방법원 2018.10.26 2017가합570185

소유권이전등기

Text

1. Defendant C’s purchase and sale of real estate listed in the separate sheet to Plaintiff B on April 5, 201.

Reasons

1. Basic facts

A. The status of the parties concerned and the status of the Plaintiff B and the Defendant C are still simplified, and the Plaintiff A is the father of the Plaintiff B, and the Defendant D is the spouse of Defendant C.

B. On April 5, 2011, Defendant D prepared and issued the instant written confirmation of Defendant D’s instant case, stating that “The instant real estate was sold in the front of the Plaintiff (Plaintiff B). However, the said apartment loan and remaining rent were to be transferred to Plaintiff B, and that the said written confirmation was issued as of April 5, 2011 (hereinafter “instant confirmation”).

C. On May 31, 2012, Plaintiff A and Defendant C prepared a lease agreement between Plaintiff A and Defendant C, the attached Form owned by Defendant C between Defendant C and Defendant C.

1. As to the real estate indicated in the list (hereinafter “instant real estate”), a lease contract with the deposit amount of KRW 340 million and the contract term of KRW 340 million from June 30, 2012 to June 29, 2014 (hereinafter “instant lease contract”) was concluded, and the move-in report was completed on June 27, 2012 at the address of the said real estate.

Plaintiff

On the other hand, while Plaintiff B and Defendant C engage in monetary transactions, from June 27, 2006 to November 20, 2012, attached Form C to Defendant C over several times.

2. A total of KRW 422,771,085 was paid as indicated in the list.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 7, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. (1) The Plaintiffs’ assertion regarding the claim for ownership transfer registration: ① Plaintiff B and Defendant C concluded a sales contract on April 5, 201 with respect to the instant real estate (hereinafter “instant sales contract”); the sales amount is KRW 340 million; the down payment shall be KRW 30 million; Defendant C’s lease deposit shall be KRW 190 million; Defendant C’s lease deposit shall be KRW 190 million; the collateral security loan shall be KRW 70 million; and the remainder of KRW 50 million shall be offset against the aforementioned amount among the loan claims against the Defendants of Plaintiff B.

(2)