소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Facts of recognition
The court's explanation on this part is the same as the entry of "1. Facts of recognition" in the judgment of the court of first instance, and therefore, this part is cited in accordance with the text of Article 420 of the Civil Procedure Act.
According to the above facts of determination as to the cause of claim, the sales contract of this case constitutes a payment contract and the defendant also consented to the preparation of the sales contract of this case. Thus, barring special circumstances, the defendant is obligated to implement the registration procedure for transfer of ownership pursuant to the sales contract of this case to the plaintiff.
The plaintiff asserted that the defendant's defense, etc. was paid all the construction price, but in collusion with the defendant B to make a contract for the sales contract of this case by intimidation, coercion, or deception.
Therefore, the sales contract of this case is null and void in accordance with Article 103 and Article 110 of the Civil Code.
Since the sales contract for multi-household 1, 101, and 2, and 101 entered into prior to the instant payment contract is null and void, the sales contract for the instant multi-household 1 and 101 is also null and void.
The instant house is owned in the first place B, and the Defendant merely acquired the ownership of the instant house within the scope of the purpose of security to secure the claim for the purchase price of land against B, and thus, the Plaintiff shall file a claim for the registration of ownership transfer against B.
Even if the defendant is liable for ownership transfer registration.
Even if the Plaintiff’s claim for construction cost is merely KRW 32,730,000,000 on the contract price under the contract for sale in lots, the Plaintiff shall pay the Defendant the difference between the contract price of KRW 1220,000 and KRW 32,733,00,000.
Therefore, the plaintiff's obligation to pay the difference and the defendant's obligation to transfer ownership are concurrently performed.
Furthermore, the Defendant is entitled to the remainder of the purchase price and the investment fund from B to the Plaintiff.