소유권이전등기
1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.
2. The Plaintiff’s total costs of litigation.
1. On January 28, 2013, the Defendant contracted the construction of a new one-story underground floor, 44 households of urban-type residential housing of 9 stories above ground, and 15 households of business facilities (hereinafter “instant housing”) to C Co., Ltd. (hereinafter “H Co., Ltd.”) (hereinafter “C”), on the ground of 358.30 square meters of Incheon Bupyeong-gu, E 2 lots, and 358.30 square meters of land.
(hereinafter “instant contract”). Under the instant contract, the Defendant was to bear the cost of construction (Article 2 of the contract) and the 2, 3, and 9 floors related to the ownership of land and buildings after completion are determined to be owned by the Defendant, and the 4 to 8 floors are owned by C.
(A) On April 25, 2013, C entered into a subcontract with the Plaintiff with the construction cost of KRW 196,770,000 among the instant new housing construction works, as well as the construction period from February 1, 2013 to September 30, 2013.
(hereinafter “instant subcontract”). On June 27, 2013, F, who is the actual operator of C, prepared and executed a contract for sale in the name of C to sell 510 units of the instant housing in the name of C to the Plaintiff at KRW 68,00,000 (Evidence A; hereinafter “instant contract for sale in the name of C”).
Upon completion of the instant house, the Defendant completed registration of preservation of ownership on August 11, 2014 as to each partitioned building.
F on November 17, 2014, the Plaintiff drafted and renewed a sales contract form (Evidence A 11) to the effect that the Plaintiff would sell KRW 510 out of the instant housing at KRW 68,00,000.
The above sales contract is signed by both C and the defendant's seal.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 10, 11, and 15, the purport of the whole pleadings
2. On June 27, 2013, the gist of the Plaintiff’s assertion regarding each selective claim pertains to the sale of No. 510 of the instant housing to the Plaintiff under the name of C under the pretext of payment in kind for the construction cost under the instant subcontract.