대여금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts subsequent to the facts of recognition are without dispute between the parties, or acknowledged in Gap evidence No. 2 by integrating the purpose of the entire pleadings.
A. As to the instant real estate on February 1, 200, the registration of ownership transfer was completed on February 1, 2000 on the ground of voluntary auction, and on March 5, 2012, the registration of ownership transfer was completed on February 5, 2012 on the part of the Defendant.
B. As to the instant real estate, on July 20, 2005, the registration of the establishment of chonsegwon with the amount of KRW 40 million for lease on a deposit basis, which was completed on July 20, 2005, was cancelled on July 2, 2012.
C. C is the father of the Defendant, who is the Plaintiff’s death-related punishment.
2. Determination
A. (1) The Plaintiff’s assertion (1) entered into a sales contract between C and the Defendant on February 5, 2012, to sell the instant real estate to the Defendant with the purchase price of KRW 80 million, while the Defendant’s assertion was 1.B.
The author tried to take over the position of the settlor of chonsegwon.
The Defendant acquired the instant real estate as collateral and paid the sales price, and the Plaintiff completed the registration of ownership transfer on the instant real estate in the future.
However, on June 29, 2012, the plaintiff could not get a loan due to the above right to lease on a deposit basis and cancelled the registration of establishment of a right to lease on a deposit basis.
However, the defendant has not paid the above purchase price up to now.
Accordingly, the Plaintiff primarily cancelled the above sales contract on the grounds of the Defendant’s default, and sought the cancellation of the ownership transfer registration under the name of the Defendant with respect to the real estate in this case for restitution, and sought the payment of the above sales price in preliminary order.
(2) The Defendant’s assertion C, as a title truster of the instant real estate, donated the said real estate to the Defendant in the form of sale, cannot comply with the instant claim.
B. The entire pleadings are written in the evidence Nos. 2, 4, and 9.