소유권말소등기
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
(a) annex.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
Basic Facts
On March 2, 2006, the Plaintiff sold the purchase price of KRW 335.6 square meters E in the said project district to the Defendant KRW 1.155 billion in total, and KRW 1.65 million in sales price of KRW 825.1 square meters in the said project district, and received down payment KRW 165 million from the Defendant on the date of the contract.
Since then, as the purchase price was paid separately for E land, KRW 165 million was replaced by the down payment for F land only, and the Plaintiff received KRW 200 million from the Defendant on June 5, 2007.
However, when the Plaintiff was unable to transfer the ownership of F land to the Defendant on the grounds of double selling, etc., the Plaintiff established the provisional registration for transfer of ownership (hereinafter “the provisional registration of each of the instant real estate”) on July 30, 2007, on the following grounds: (a) each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) and the instant G land in the separate sheet owned by the Plaintiff for the purpose of securing the ownership; and (b) the provisional registration for transfer of ownership (hereinafter “the provisional registration of each of the instant real estate”) was made on July 30, 2007.
On January 12, 2008, when the Plaintiff did not repay the above debt to the Defendant by October 30, 2008, the Plaintiff had the principal registration based on the above provisional registration with respect to each of the instant real estate and the instant G land, but around that time, the Plaintiff was bound by suspicion of embezzlement, etc., and failed to implement the principal registration in accordance with the sentence of five years for imprisonment.
On the other hand, on June 29, 2012, the Defendant reported the claim amounting to KRW 530 million in the compulsory auction procedure for the said G land on June 29, 2012 and received dividends of KRW 89,558,759.
On January 18, 2013, the Plaintiff decided on January 18, 2013 that the principal registration on each of the instant land will be executed six months after the date of release.