소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
1. (1) The Defendant, a company engaged in real estate development (new construction of housing, etc.) and leasing business, carried out a business of selling out several detached houses (E) on the D’s ground of the land owned by the Defendant, G Co., Ltd. (hereinafter “G”) around 2016.
However, the Plaintiff (the Plaintiff’s wife who is the representative director of the G) and the above M wanted one of the above houses, and the Defendant concluded a “sale contract” (hereinafter “sale contract”) with the purport that the land stated in the purport of the claim (this is later divided from the above D land; hereinafter “instant land”) among the newly constructed houses is KRW 285 million (the contract amount is KRW 10%, KRW 2855,000,000, KRW 14,275,000,000, and the first intermediate payment was set at KRW 55,000,000, which is five percent, but the ratio of the second intermediate payment and the remainder payment was not set at) to sell to the Plaintiff.
(2) In addition to the sale business of the above Ndong unit, the Defendant promoted the sale business in the Keong-gu Odong unit, Young-gu, In addition to the above Ndong unit, the Defendant agreed with G around October 2016 to provide the land of this case to the Plaintiff without compensation, and accordingly, the sales contract of this case entered into the agreement with G to pay the land of this case to the Defendant in full.
(3) Article 12(4) of the instant sales contract provides that “The transfer of land ownership is carried out in the form of share registration within one month after the payment of the first intermediate payment under this contract, and is transferred at the time of full payment of the second intermediate payment or at the time of subdivision of land.”
This is equivalent to the share of the building of this case among the above D land when the defendant receives the first intermediate payment.