소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 29, 2017, on the real estate listed in the separate sheet (hereinafter “instant real estate”), registration of preservation of ownership was made in the name of the Plaintiff.
B. On November 6, 2017, with respect to the instant real estate, the Plaintiff, the Korea Land and Housing Corporation, and C entered into a lease agreement between the Plaintiff, the lessee, the Korea Land and Housing Corporation, the occupant C, and the lease deposit amount of KRW 160 million (a contract deposit of KRW 16 million shall be KRW 60 million on November 6, 2017; KRW 6325 million on December 18, 2017; and a remainder of KRW 8,0750,00 on December 18, 2017; the term of the contract was from December 18, 2017 to December 17, 2019; and C made a move-in report on the instant real estate on December 27, 2017.
C. On January 9, 2018, the Plaintiff entered into a sales contract on the instant real estate in lieu of the payment of KRW 160 million to the Plaintiff by acquiring the obligation to refund KRW 160 million deposit, with the Defendant, who is the head of the sales team of D, who was in charge of selling multi-household houses newly built by the Plaintiff (the person who actually participated in the preparation of the sales contract, is D); on the same day, the Defendant entered into a sales contract on the instant real estate (hereinafter “instant sales contract”); and on March 10, 2017 under the name of the Defendant, the registration of transfer of ownership was made on the ground of sale as of March 10, 2017.
(hereinafter “instant registration”). On the other hand, on March 10, 2017, a sales contract was prepared as of March 10, 2017, for the Plaintiff’s and the Defendant’s purchase price of KRW 110 million.
According to the statement in Eul evidence No. 2, the defendant knew that the purchase price of this case is KRW 160,000,000 and that it should be paid by acquiring the lease deposit equivalent to the above amount.
D It appears that D prepared a sales contract of KRW 110 million for the purpose of reducing taxes without regard to the Defendant. However, the above circumstance alone is deemed that the sales price of this case is changed to KRW 110 million.