소유권이전등기
1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be principal lawsuit and counterclaim.
1. The facts under the basis of facts do not conflict between the parties, or recognize as a whole the whole of the arguments in each entry of Gap evidence of 1 to 7 and Eul evidence of 1 to 4, and 6 (including the number; hereinafter the same shall apply).
D Sales Contract D between D and the Defendant owned land of the Dong-gu Busan Metropolitan City H (hereinafter referred to as “H land”) and its ground I hotel building.
The defendant owned the land of Busan Dong-gu G (hereinafter referred to as "G land") and buildings on the ground adjacent to the above I hotel.
D On August 16, 2011, between the Defendant and G, a contract was concluded to purchase G land and its ground buildings in the amount of KRW 1.62 billion.
D On September 8, 2011, after completing the registration of transfer of ownership based on the above sales contract with respect to G land and its ground buildings, D removed the above ground buildings and used G land as the parking lot of the above I hotel.
B. The Plaintiff and D, on April 19, 2013, jointly owned by the Plaintiff and E in share of each of 1/2 by the Plaintiff and E, shall exchange 13 parcels of Gyeonggi-gu, T, C, U, V, W, X, Y, Z, J, AA, AB, and AC (hereinafter “Fri 13 parcels”), and H land, G land, and I hotel buildings on its ground at the time, and the Plaintiff appears to have paid KRW 20 million out of KRW 40 million to D as the down payment, and KRW 50 million, as the intermediate payment, before the instant exchange contract is concluded.
The contract was concluded to pay the difference in exchange.
On June 15, 2013, the Plaintiff and D entered into a modified contract (hereinafter “instant exchange contract”) with the content that only one-half of the share of the Plaintiff on 13 Friri 13 parcel, but that subsequent agreement was to settle the difference as follows:
◆ 원고가 D에게 F리 13필지와 4억 원을 지급하기로 하였으나 이를 다음과 같이 정정 합의합니다.
The plaintiff shall pay D 1/2 equity interest in the 13th parcel of Friri, KRW 1.35 billion in cash in the amount of KRW 1.35 billion in the annual exchange contract, the balance of KRW 330 million in the annual exchange contract, and the amount of money deposited in the entertainment room 1.5 billion in the annual exchange contract.