소유권이전등기
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following “additional Judgment” as to the assertion added by the defendant in this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(However, the portion of the annual rent of Codefendant Codefendant Co., Ltd., Ltd., which was separately determined is excluded;
A. Although the obligation of the plaintiffs to pay the remainder and the obligation of the defendant to deliver the real estate of this case under the sales contract of this case to the plaintiffs in the simultaneous performance relationship, the defendant delivered the real estate of this case to the plaintiffs temporarily. This constitutes a loan agreement of use under the Civil Act and the contract is terminated in accordance with the proviso of Article 613(2) of the Civil Act or the principle of good faith after the lapse of sufficient period of use and profit-making.
B. Determination of a loan for use becomes effective when one of the parties agrees to deliver an object to the other party for his gratuitous use, and the other party agrees to use it and return it after taking profits therefrom (Article 609 of the Civil Act). Considering the following circumstances acknowledged by comprehensively considering the overall purport of pleadings in the statement of evidence Nos. 1, 2, 3, 4, 7, and 8 of the Civil Act, it is difficult to view that a loan for use between the plaintiffs and the defendant was concluded, and there is no other evidence to prove otherwise.
Rather, in light of the following developments and progress of the conclusion of the instant sales contract, and the time and circumstances of the Defendant’s delivery of the instant real estate to the Plaintiffs, it is difficult to easily expect the determination of the remainder payment, transfer of ownership, and the execution date of the instant sales contract, which are the final execution procedure, at the time of delivery of the instant real estate to the Plaintiffs.