소유권이전등기
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. Presumed factual basis
A. On September 21, 2007, between the Plaintiff and the Defendant’s name and between C and D, the ownership of each real estate listed in the separate sheet sold to D, owned by C, was transferred, in return, to D, and the Plaintiff in the same year.
6. 21. 21. The exchange contract was concluded with the content that the ownership of “F 105” (hereinafter “the instant astronomical building”) purchased from E is transferred, and the difference of KRW 280,000,000 (the contract amount of KRW 70,000,000, intermediate payment of KRW 20,000,000, and the balance of KRW 190,000,000) was to be paid (hereinafter “the instant exchange contract”).
However, with respect to each real estate listed in the separate sheet, KRW 122,00,000,000 in total as collateral and the obligation to return lease deposit in the name of the National Agricultural Cooperative Federation for the real estate listed in the separate sheet, and KRW 150,000,000 in total, and KRW 150,000 in the collateral security obligation in the name of Han Bank Co., Ltd. for the real estate listed in the separate sheet, and KRW 100,000,000 in total, out of the remainder, shall be offset by KRW 10,00,000 in lease deposit payable to D for the lease deposit, and KRW 30,000,000 in total shall be offset by KRW 430,00 in the real estate listed in the separate sheet, and KRW 30,000 in lieu of the payment of the lease deposit by D leased KRW 30,000 in the real estate listed in paragraph (4) of the separate sheet.
B. Under the instant exchange contract, D paid 7,000,000 won of down payment and intermediate payment of 70,000,000 won, and 7,000,000,000 won out of the remainder of 60,000,000 won (190,000,0000 won - 30,000,000 won), respectively, to D, respectively.
C. The Defendant, on June 25, 2008, accepted each of the collateral obligations on each real estate listed in the separate sheet in the name of the principal on June 25, 2008, 175,000,000 won under his/her own name, and bears interest thereon until now. < Amended by Presidential Decree No. 21358, Apr. 20, 2009>
40,239,43 won, which occurred from October 31, 2007 to August 2, 2010, out of the interest on secured debt on the instant astronomical building on the instant astronomical building, was borne by the Defendant, and the Plaintiff was the store in the instant astronomical building.