소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On January 18, 2012, the Plaintiff: (a) completed the registration of ownership transfer based on donation with respect to C Forest 8,264 square meters (hereinafter “the instant forest”); (b) on May 3, 2012, the Plaintiff created, respectively, the right to collateral security (the actual loan amount is KRW 200,000,000), E-mortgage, the debtor, and the right to collateral security (the debtor) to F on July 30, 2012, respectively, the right to collateral security (the maximum debt amount is KRW 75,00,000,000), and the debtor, the right to collateral security (the Plaintiff).
B. On February 28, 2013, the instant forest land was seized on February 28, 2013, and F was voluntarily decided to commence auction from the Daejeon District Court’s official housing branch on August 3, 2015.
C. On November 5, 2015, the Defendant entered into a trade reservation agreement with the Plaintiff as of February 5, 2016 with respect to the instant forest (hereinafter “instant purchase reservation agreement”) with the Plaintiff on the purchase price of KRW 495,00,000,00, and on the date of the completion of the reservation. Article 4 of the instant trade reservation agreement provides that “The Defendant shall pay the Plaintiff the deposit money of the instant reservation amount of KRW 495,00,000 on the date of the reservation, and the said amount shall be deducted from the purchase price.”
The Defendant paid KRW 100,000,000 to the Plaintiff on the date of concluding the instant pre-sale contract.
The Plaintiff received 100,000,000 won from the Plaintiff via E, paid 63,000,000 won, which is the secured debt amount of F’s above-mortgage collateral, and paid 4,748,100 won as national tax in the official housing certificate.
E. Accordingly, on November 5, 2015, the Ministry of Land, Infrastructure and Transport released the seizure of the instant forest land.
On November 6, 2015, the Defendant received from the Plaintiff the provisional registration of the right to claim transfer of ownership (hereinafter referred to as “the provisional registration of this case”) on the instant forest land based on the instant trade reservation agreement.
In addition, on November 6, 2015, F had cancelled the right to collateral security on the forest of this case and withdrawn the voluntary auction.
F. On April 11, 2016, the Defendant paid the Plaintiff, the buyer, the Defendant, the sales price of KRW 495,000,000, and the date of concluding a contract and the remainder.