beta
(영문) 창원지방법원통영지원 2017.06.08 2017가합83

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that: (a) on January 3, 2014, the Changwon District Court registry office, which received on January 3, 2014, the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) was completed with respect to KRW 300,000,000 for the purpose of securing the loan claims of KRW 37,976 square meters against C (hereinafter “instant land”).

On May 7, 2014, the Plaintiff transferred the instant provisional registration right to the Defendant at KRW 300,000,000, and completed the registration of transfer on May 8, 2014.

Therefore, the defendant should pay the above transfer price and damages for delay to the plaintiff.

B. The defendant's assertion did not have taken over the provisional registration right of this case from the plaintiff.

On May 7, 2014, the Defendant concluded a contract to purchase 1,008 square meters out of the instant land between E, a title trustee, E, and a title truster and C, a title truster, and requested the establishment of a provisional registration under the name of the Defendant as to the instant land until the said 1,008 square meters was divided and transferred under the name of the Defendant, and C consented thereto.

C The provisional registration in the name of the Plaintiff is cancelled, and the new provisional registration in the name of the Defendant is finalized, and the Plaintiff’s obligation is repaid by receiving the payment from the Defendant, and the documents necessary for the cancellation of the provisional registration in the instant case are delivered from the Plaintiff, and only the provisional registration in the name of the Plaintiff was transferred to the Defendant for the convenience of the procedure

2. Determination

A. According to the evidence evidence Nos. 1 through 3, the Plaintiff loaned KRW 300,00,000 to C on January 3, 2014, the Plaintiff’s provisional registration of this case was completed in the Plaintiff’s name on the same day, and the provisional registration of this case in the Plaintiff’s name on May 7, 2014 on the ground of transfer on May 8, 2014.

B. Meanwhile, the evidence Nos. 1 to 12 is respectively.