소유권이전등기
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the Plaintiff (Counterclaim Defendant) in attached Form.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Defendant is the owner of 139 square meters in Tong-si (hereinafter “instant land”).
B. D received a contract for the construction of the instant building on the ground of the instant land in June 2010, with the cost of construction KRW 80,000,000,000, and received a total of KRW 2.2 million with the design cost in relation to the construction of the instant building, including KRW 5.2 million with the cost of the construction of the instant building, and KRW 5.2 million with the cost of the construction of the new building, the payer and the date of payment are as follows.
On September 4, 2010, 2010,000 won (the cost of design) between Defendant 2.2 million won and Defendant 2.2 million won (the cost of design) on June 12, 2010 (the birth of the existing construction cost) E (G (the birth of this name F)): KRW 30 million on September 5, 2010: KRW 30 million on October 26, 2010: KRW 20 million on June 26, 2010: Defendant 20 million on the part of Defendant 20 million (the cost of additional construction)
C. The instant building was newly constructed by designating the Defendant as the nominal owner of the building permit, and registration of ownership preservation was made in the name of the Defendant on June 23, 2011.
The Plaintiff is residing in the instant building from February 201 to possess it.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4 (the same as evidence No. 14), 11, Eul evidence No. 2, 3, and 13, and the purport of the whole pleadings and arguments by the first instance court witness D
2. Claims concerning the cause of claims;
A. On June 2010 and July 2010, the Plaintiff leased USD 80,00 to G, with a view to settling the said debt relationship, G intended to pay KRW 80,000,000 for the new construction of the instant building to D under the name of E, a partner of G, who transferred KRW 80,000,00 to D. Accordingly, the Plaintiff was liable for the new construction of the instant building.
Therefore, the Plaintiff, as the owner who acquired the instant building from the original owner, sought implementation of the registration procedure for transfer of ownership based on the restoration of the real name as to the instant building.
B. The Defendant: (a) borrowed KRW 80 million from G and remitted KRW 80 million to D in its name; (b) design cost of KRW 220 million; and (c) design cost of KRW 2.2 million.