소유권이전등기
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 18, 2015, the Plaintiffs completed the registration of transfer of ownership based on trade as of September 3, 2015, with respect to each co-ownership share (Plaintiff A60/94 shares, Plaintiff B34/94 shares) among 94 square meters (hereinafter “first land”).
However, on October 15, 2013, the provisional registration of the right to claim the transfer of ownership in the name E was completed with respect to the land No. 1 in this case.
B. On June 1, 2016, Plaintiff A drafted a sales contract with Defendant and one other (hereinafter “instant sales contract”) with respect to KRW 490 million with respect to the instant land and KRW 1736,00,000,000 (in the event of a contract with KRW 49,000,000,000 and KRW 441,00,000,000,000,000) for the purchase of the said land and the said land owned by the said Plaintiff (hereinafter “instant land”).
C. On July 21, 2016, the Defendant received the registration of the right to claim transfer of E’s title as to the land No. 1, and completed the registration of ownership transfer as to the said land No. 1 on August 3, 2016. The registration of transfer of ownership in the Plaintiffs’ name as to the shares in each of the instant land No. 1 was cancelled ex officio on August 8, 2016 due to the principal registration under the name of the Defendant.
Plaintiff
A and the Defendant completed the registration of establishment of a new mortgage over the land Nos. 1 and 2 of this case with the maximum debt amount of 390 million won and the debtor as the defendant on August 10, 2016. However, the Defendant used the aforementioned KRW 105,316,256 out of the total debt amount of 300 million loaned through the said right to collateral security, and paid the amount of KRW 100 million to the plaintiffs as the purchase price on August 10, 2016.
E. On September 12, 2016, Plaintiff A transferred only KRW 100 million out of KRW 200 million, excluding KRW 100 million used by the Defendant for the repayment of the existing collateral loan out of KRW 300,000,000, which was secured by the instant land, to Defendant and G.