원상회복 청구 등의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff owned E apartment 8, 1001, and 1001 (hereinafter “former apartment”) on the land outside Seocho-gu Seoul, Seocho-gu, Seoul. However, as the reconstruction was promoted in the said apartment complex, the Plaintiff was sold in lots D apartment 202, 607, and 202, and 607 (hereinafter “instant apartment”).
On March 6, 2015, the Plaintiff sold the instant apartment sales right (hereinafter “instant apartment sales right”) to the Defendant for KRW 850,550,000 (hereinafter “instant sales contract”), and received full payment on the same day, but agreed to deduct the existing loan (hereinafter “instant loan”) which was secured by apartment prior to reconstruction from the remainder of KRW 376,00,000 and the additional contribution amount of KRW 159,563,748.
The Defendant paid the Plaintiff KRW 314,986,250,000,000,000 won on March 9, 2015, and KRW 164,986,250 on March 10, 2015.
On March 13, 2015, the Plaintiff completed the registration of transfer of shares in the site of apartment before reconstruction under the name of the Defendant, and on March 26, 2015, changed the status of the Plaintiff’s member in the name of the Defendant.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5 evidence, Eul 1, 4 through 6 evidence, each entry, and the purport of the whole pleadings
2. The substance of the instant sales contract, which is the cause of the Plaintiff’s claim, is a transfer security agreement to secure KRW 315 million borrowed from the Defendant.
However, the defendant failed to perform the obligation of liquidation procedures under the Provisional Registration Security Act, and the plaintiff cancelled the transfer security contract by serving a duplicate of the complaint of this case on the ground of this.
Therefore, as restitution, the defendant is obligated to return the sales right of this case to the plaintiff.
(State Claim). Even if not, the defendant's transfer security right is exercised against the plaintiff.