소유권이전등기
1. At the same time, Defendant B received KRW 350,000,000 from the Plaintiff, as well as the Plaintiff:
A. 1 Defendant B shall be listed in the annexed sheet.
1. Facts of recognition;
A. On May 26, 2006, the Plaintiff completed the registration of ownership transfer with respect to shares of 26,949/46,949 out of F forest land of Gyeonggi-gu, Gyeonggi-do (hereinafter “the forest land before the instant partition”); G, the Plaintiff’s wife, as to shares of 10,000/46,949 out of the forest land before the instant partition on the same day; and I, the Plaintiff’s wife, as the Plaintiff’s wife, completed the registration of ownership transfer with respect to shares of 10,000/46,949 out of the forest land before the instant partition on the same day.
B. On June 19, 2006, Defendant B completed the registration of creation of a neighboring mortgage at KRW 120,000,000 with respect to the Plaintiff’s share out of the forest land before the instant partition under the name of Defendant C, his wife.
In addition, on August 29, 2006, Defendant B completed the establishment registration of a neighboring mortgage with respect to the portion of ownership of I out of the forest land before the instant partition under his own name, with the maximum debt amount of KRW 70,000,000, and with respect to the portion of ownership of G out of the forest land before the instant partition, the establishment registration of a neighboring mortgage amount of KRW 30,000,000,
C. Around September 2007, Defendant B entered into a trade agreement with H to the effect that “The Plaintiff shall develop and sell access roads with respect to the Plaintiff’s share in the forest land before the instant partition by means of obtaining permission for conversion of mountainous district. The Defendant B shall develop development costs, and H shall have the amount calculated by deducting various expenses from the sale price after the Plaintiff’s share was invested.” (hereinafter “instant trade agreement”).
H and Defendant B, once transferred the Plaintiff’s shares in the name of Defendant E, a title trustee, transferred the sales price to many persons, and decided to sell and purchase the Plaintiff’s shares to a third party by dividing them by each owner.
Defendant B resolved capital gains tax in return for lending the name to Defendant E, and paid a certain amount of money, and Defendant E consented thereto.
H purported that, around that time, the Plaintiff would transfer the Plaintiff’s share in the forest land before the instant partition with Defendant B, thereby dividing the profits by way of development with the Plaintiff.