소유권이전등기
1. The Defendant received KRW 83,845,440 from the Plaintiff, and simultaneously received each real estate indicated in the separate sheet, as to each real estate indicated in the separate sheet.
1. Facts of recognition;
A. On August 28, 2013, C engaged in the construction business entered into a sales contract with D, E, and F (hereinafter “D, etc.”) to purchase 9,256 square meters of land (hereinafter “land before the instant partition”) out of G forest land in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant land”).
B. On April 23, 2014, C entered into a sales contract with H, who was represented by the Plaintiff, to sell approximately 91 square meters of the land in the instant case prior to the instant subdivision to KRW 120 million (per square year 400,000) (hereinafter “instant sales contract”).
C. C obtained authorization and permission for the foregoing project and carried out civil engineering work. Upon the occurrence of shortage of land purchase price and construction funds, around August 2014, C entered into a partnership agreement with the Defendant to jointly implement the instant project and distribute profits by obtaining loans under the name of the Defendant as collateral and paying the remainder of the said sales contract, instead of receiving construction funds from the Defendant, instead of performing the construction work, such as registering the land before the instant division and the house before the instant division under the name of the Defendant.
The Defendant received the registration of ownership transfer on September 11, 2014 for the land before subdivision, which was made on August 28, 2013.
E. C filed an application for permission to divide land before the instant partition and completed the new construction of the electric power plant.
The land before the instant partition shall be referred to as “O land less than each land listed in the separate sheet on April 15, 2015.”
(f) The land for which the Plaintiff entered into a sales contract was specified as the land listed in paragraphs 1 through 3 of the attached Table No. 1, 2015 (the third land is the land that falls under the road for the electric source house).
G. On September 11, 2015, H, Defendant, and C, the Plaintiff’s agent, are implementing the instant sales contract.