소유권이전등기
1. All the appeals filed by the Defendant (Counterclaim Plaintiff) and the preliminary counterclaims additionally filed at the trial are dismissed.
2. Appeal;
1. Basic facts
A. On January 15, 2008, the Plaintiff entered into a contract with the Defendant on December 27, 2007, under which the Plaintiff would receive a transfer from C in accordance with an exchange contract, and then the Plaintiff would exchange the lease right of the “Flue Loan” and each land listed in the separate sheet owned by the Defendant’s wife (hereinafter “instant exchange contract”).
At the time of the conclusion of the above contract, the loan interest and the tax and public charges on both sides at the time of transfer of ownership are settled (Paragraph 1), and the deposit amount of KRW 100 million in the lease deposit of the commercial building of this case currently in operation was determined to have been leased by the Plaintiff (Paragraph 2), and the above KRW 100 million, which the Plaintiff agreed to receive, constitutes the settlement amount of the exchange contract of this case.
B. On January 18, 2008, the Plaintiff and the Defendant transferred all authority on the same day, and prepared a statement of performance (hereinafter “instant performance statement”) stating that all of the loan interest, rents, management expenses, public charges, salaries, transactional balance, and other taxes and public charges are settled and transferred among themselves.
According to the letter of performance of this case, the Plaintiff concluded a lease contract by March 18, 2008 and received the maximum amount of a deposit for lease. In the event that a lease contract is not concluded, the Plaintiff paid KRW 3 million monthly from March 19, 2008 to the time the lease contract is concluded.
C. On the other hand, around January 15, 2008, the Plaintiff issued the documents necessary for the registration of transfer of ownership to the Defendant of the instant commercial building.
In addition, the Defendant cancelled the possession of “FV” and transferred the right of lease between the Plaintiff and the building owner M to the Plaintiff by ensuring that the lease contract for the said land is concluded.
In addition, G on March 7, 2008, on the land of this case to the Plaintiff on March 4, 2008.