소유권이전등기
1. The Defendant caused the sales contract on March 20, 2013 to the Plaintiff on the real estate indicated in the attached real estate.
1. Facts of recognition;
A. On March 15, 2013, the Plaintiff lent KRW 80 million to B on March 15, 2013.
B. B, in order to secure the payment of the above loan obligation, on March 20, 2013, made the Defendant enter into a sales contract with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) on the Plaintiff.
The above contract for sale is called "the seller, the buyer," and the sale price is written as paid on March 20, 2013, which is the date of preparation of the contract, and the plaintiff and the defendant's seal are affixed respectively.
C. The Defendant awarded to B the contract for the construction of the C building including the instant real estate, and set four houses including the instant real estate as the repayment of the construction cost.
Accordingly, on March 20, 2013, the Defendant issued a written promise from B to a third party on the instant real estate upon the Defendant’s request. B received a written promise to the effect that “In the event B is unable to recover the said written contract from a third party before the registration of transfer of ownership of the instant real estate and return it to the Defendant, the Defendant would not raise any objection even if it does not transfer the ownership of the instant real estate to B.”
On September 25, 2013, the Defendant completed registration of preservation of ownership of the instant real estate.
[Ground of recognition] A without dispute, Gap evidence Nos. 1-3, Eul evidence Nos. 1-3, the purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to view that the defendant agreed to transfer the ownership to B for the purpose of paying the construction price, and that the defendant agreed to transfer the ownership to the plaintiff at the request of B.
Therefore, the defendant is obligated to transfer the ownership of the real estate of this case to the plaintiff according to the above sales contract.
On this issue, the defendant is a promise of payment in kind between the plaintiff and the defendant.