소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 21, 2014, D entered into a contract with the Defendant to purchase KRW 490,000,000 (acquisition of a loan and a deposit for lease) of the third floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd Building in Bupyeong-gu, Seocheon-gu, Seoul (hereinafter “instant commercial building”). However, on April 17, 2015, D entered into a real estate exchange contract with the Plaintiff and the Defendant’s agent to exchange the instant commercial building and the Plaintiff’s land C (hereinafter “instant land”).
(hereinafter “instant exchange contract”). (b)
According to the exchange contract of this case, the plaintiff succeeded to the loan (420 million won) of the commercial building of this case and the lease deposit (15 million won). The defendant succeeds to the loan of this case (110 million won) and there is no difference in exchange.
C. After the instant exchange contract, Defendant G demanded the Plaintiff to make a provisional registration under H’s name instead of completing the registration of ownership transfer for the instant land. Accordingly, on April 23, 2015, the provisional registration of the instant land was made under H’s name.
On the other hand, on September 11, 2015, the Plaintiff reselled the instant commercial building to I without the consent of the Defendant, and completed the registration of ownership transfer from the Defendant with respect to the instant commercial building.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-5 evidence (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff completed the registration of ownership transfer of the instant commercial building upon the execution of the instant exchange contract. However, the Defendant is obligated to take over the registration procedure for ownership transfer based on the instant exchange contract since the Defendant did not implement the procedures for ownership transfer registration. From September 2015 to February 2016, KRW 2.4 million (=60 million per month x six months) of the instant land loan and delay damages thereon, and March 2016. < Amended by Presidential Decree No. 26720, Mar. 1, 2016>