소유권이전등기
1. The defendant received KRW 200,000,000 from the plaintiff at the same time, and simultaneously received from the plaintiff
(a) real estate listed in the separate sheet;
1. Basic facts
A. The Plaintiff and the Defendant were simplified, and C, the father of the Plaintiff and the Defendants, died around 1985, and the mother of D around November 2017.
On May 2, 2003, the registration of transfer of ownership in the name of the defendant was completed due to the sale on April 2, 2003.
B. On January 30, 2012, the Plaintiff entered into a pre-sale agreement with the Defendant to sell the instant real estate at KRW 200,000,000,000. On the same day, the provisional registration of the Plaintiff’s right to claim transfer of ownership was completed with respect to the instant real estate based on the pre-sale agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. According to the reasoning of the judgment as to the cause of the claim, the Defendant, who is a person obligated to make a provisional registration, is obligated to pay the Plaintiff the purchase price of KRW 200,000,000, and simultaneously perform the principal registration procedure of transfer of ownership on the ground of the delivery date of a copy of the instant complaint concerning the instant real estate on April 9, 2018, which is apparent in the record that it is the delivery date of a copy of the instant complaint
3. Defendant’s assertion and judgment
A. The assertion that the real estate of this case was purchased by combining the deceased C’s inherited property and the Defendant’s funds, and the Defendant lived with D from the time of the purchase of the real estate of this case to the time of the deceased D’s death.
In order to prevent the Defendant from borrowing the instant real estate as collateral or being subject to compulsory execution against the instant real estate, the Plaintiff recommended the Defendant to establish a provisional registration on the instant real estate on the ground of a pre-sale promise to sell and purchase the instant real estate and completed the pre-sale reservation and provisional registration on the instant real estate.
The defendant did not have any reason to conclude a pre-sale agreement with the plaintiff at a lower price than the market price (250,000,000 to 280,000,000) of the real estate in this case. The pre-sale agreement in this case was made.