소유권이전등기
1. The Defendant (Counterclaim Plaintiff) receives KRW 65,000,000 from the Plaintiff (Counterclaim Defendant).
The principal lawsuit and counterclaim shall be judged together.
Based on the facts, each land and building listed in the separate sheet (hereinafter “each land of this case” or “the building of this case”). Each of the above land is specified according to its lot number, and the Defendant’s father C owned 1/3 shares, D 1/3 shares, and E owned 1/3 shares, from around 2005.
On February 13, 2009, the Plaintiff leased the instant building, the actual owner of Defendant father C, by setting the annual rent of KRW 3,000,000, and the lease period from March 2, 2009 to March 2, 2011.
Since then, the Plaintiff and the Defendant extended the term of lease on March 2, 2011 to March 2, 2012, and changed the term of lease to KRW 3,200,000 annually.
On February 22, 2013, the Plaintiff and the Defendant prepared a sales contract (hereinafter “instant sales contract”) with the following contents.
1. Real estate stated in the attached list for indicating real estate;
2. Terms and conditions of a contract - Sales amount of KRW 110,00,000 - Contract deposit of KRW 40,000,000 - Any remainder of KRW 70,000: The remainder shall be paid at the time of installment.
Division of land shall be divided into F land with a total of 133 square meters.
(after the agreement of co-owners) The cost of partition, including superficies, shall be paid by the buyer.
When a contract is completed, a new contract shall be prepared as the officially announced value.
The Plaintiff paid KRW 40,000,000 to the Defendant on February 22, 2013, which prepared the above contract, and paid KRW 5,000,000 on April 6, 2016, during the instant lawsuit, to the Defendant.
Meanwhile, on the other hand, on March 23, 2009, D was inherited on March 23, 2009 through a consultation division and completed the registration of ownership transfer on June 1, 2009 (D2/3, E1/3 equity), after G purchased 1/3 equity of E and completed the registration of ownership transfer on June 7, 2012 (D2/3 equity), the Defendant purchased 1/3 equity of G and completed the registration of ownership transfer on September 3, 2012 (D2/3, Defendant 1/3 equity), and Defendant purchased 1/3 equity of G (D2/3, Defendant 1/3 equity) and completed the registration of ownership transfer on August 8, 2014.