beta
(영문) 제주지방법원 2017.09.01 2016가단15296

매매대금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion as to the cause of claim

A. The Plaintiff, a primary cause of the claim, borrowed money from the Defendant’s husband C in around 2006, and established a provisional registration of each real estate listed in the separate sheet (hereinafter “instant land”) owned by the Plaintiff.

After that, the Plaintiff transferred the ownership of the instant real estate to the Defendant by demanding repayment from C.

However, since the defendant acquired the ownership of the real estate in this case at a price much lower than the market price and did not go through the liquidation procedure, the transfer of ownership made in the name of the defendant under the Act on Security for Provisional Registration is null and void.

Therefore, the Defendant is obligated to implement the procedure for the cancellation registration of each ownership transfer registration completed by the Jeju District Court No. 31086 on April 23, 2007 with respect to the instant real estate to the Plaintiff.

B. The Plaintiff, as a preliminary claimant, sold the instant real estate in KRW 200 million to the Defendant and completed the registration of ownership transfer.

At the time of sale, the principal and interest of the Plaintiff’s debt to C was approximately KRW 60 million, and approximately KRW 30 million was the Plaintiff’s debt related to the instant land.

C The repayment of the Plaintiff’s debt in full and the payment of the remainder was made as the remainder.

C paid 20 million won out of the remainder to the Plaintiff in cash, and paid the amount equivalent to 35 million won out of the remainder to the Plaintiff as Jeju City D land (hereinafter “D land”).

At the time, D land was loaned under C's name, and its value was KRW 35 million.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining KRW 5 million, excluding the total of KRW 145 million ( KRW 30 million in total) out of KRW 200 million, excluding KRW 35 million in total ( KRW 35 million in total).

On the other hand, the Plaintiff decided to repay the secured debt under the name of E organization established in D land.