beta
(영문) 제주지방법원 2015.02.12 2014가합6134

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around October 8, 2007, the Plaintiff entered into a partnership agreement (hereinafter “instant partnership agreement”) with the Defendant, on the following grounds: (a) around October 8, 2007, when the factory and its site stated in the attached list operated by the Plaintiff (hereinafter “instant real estate”) came to go beyond auction due to the aggravation of financial standing, and (b) after receiving a successful bid of the instant real estate with the Defendant’s contribution to the instant real estate, and (c) to operate the instant corporation by raising operating funds with various subsidies and bank loans, etc.; and (d) concluded a partnership agreement (hereinafter “instant partnership agreement”).

B. Meanwhile, on November 28, 2007, the Defendant completed the registration of ownership transfer concerning the instant real estate on November 29, 2007 due to the sale by voluntary auction on November 28, 2007.

C. On December 28, 2011, the Plaintiff drafted a written agreement (No. 1-2, hereinafter “instant agreement”) with the Defendant (hereinafter “instant agreement”) with the Defendant, and the details thereof are as follows.

The agreement on D-owned real estate and machinery and equipment owned by the seller B (Defendant) and A (Plaintiff) of the agreement shall be agreed as follows:

A. L. L. L.I.

1. The total contract amount shall be KRW 365 million, which shall be KRW 245 million in equity shares in B on January 1, 201, which shall be KRW 245 million in case of the down payment, KRW 24.5 million in case of the down payment, KRW 120 million in equity shares in A on January 2, 200, and KRW 15.5 million in case of the down payment;

2. The balance shall be the payment key after remodeling the main real estate, machinery and equipment, etc., the term of validity of the final contract shall not exceed six months, and may be cancelled at any time exceeding six months.

The transfer of ownership shall take over a bank loan of KRW 120 million among B shares immediately after the balance is received, and the purchaser shall pay the balance of the loan excluded.

In the event of transfer of ownership, the mortgage is created for the balance and the separate performance contract is notarized.

2.1.The period of remodeling shall not exceed two months and shall thereafter bear interest on the loans.

【Ground of Recognition】 without any dispute, Gap 1 through 51, and Eul 1.