소유권이전등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. If the Plaintiff lends money to the Defendant and fails to repay money, the Plaintiff is a person who entered in an accord and satisfaction agreement with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant is a cooperative established to construct an apartment complex on the land of Daejeon Jung-gu, Daejeon, Daejeon (hereinafter “instant apartment building”).
B. For the construction of the instant building, the Plaintiff loaned the building fund to D Co., Ltd. (hereinafter “D”) with the Defendant and D Co., Ltd. (hereinafter “D”), and the leased principal as of May 16, 2008 was KRW 570,00,000.
C. Accordingly, around May 16, 2008, the Defendant and D drafted and notarized a letter of non-performance (hereinafter “instant letter of non-performance”) to the Plaintiff, and the main contents thereof are as shown in the attached Form.
On June 20, 2008, the Defendant sold part of the number of houses including the instant real estate to E Co., Ltd. (hereinafter “E”) and completed the registration of ownership transfer on the same day, and the remainder of the building was completed in the third party.
E. Afterwards, F Co., Ltd., G, and H, the Defendant’s creditors, filed a lawsuit seeking revocation of a fraudulent act ( Daejeon District Court 2008Gahap10901), while the registration of transfer of ownership or establishment of a neighboring mortgage on the instant building was constituted a fraudulent act, which was finally affirmed on November 11, 2015 by a judgment of the Daejeon High Court 2014Na4062, the appellate court, which was the appellate court, following the Supreme Court’s reversal and return.
(f) On May 16, 2008, the Defendant agreed to transfer the ownership of the instant real estate when the Plaintiff was unable to repay his/her obligation to the Plaintiff. As such, the Defendant delayed the repayment of the said obligation up to now, the said agreement on the said real estate to the Plaintiff pursuant to the said agreement.