소유권이전청구권보전가등기 및 본등기말소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 28, 2014, Nonparty C entered into a sales contract with Nonparty D to purchase real estate Nos. 1 in the attached list (hereinafter “instant land”) in the purchase price of KRW 270 million (hereinafter “instant land sales contract”) and paid the down payment of KRW 30 million on the day.
B. However, while C did not prepare the remaining purchase price of KRW 240 million and failed to pay to D, the Plaintiff decided to succeed to the status of purchaser under the instant E land sales contract, and the purchase price was determined as KRW 240 million after deducting the down payment already paid by C from the down payment of KRW 30 million.
C. While the Plaintiff intended to prepare the above purchase price of KRW 240 million, the Plaintiff was introduced by Nonparty F, G, and H in sequence.
On August 13, 2014, the Plaintiff concluded a sales contract between the Defendant and the Defendant, setting the purchase price of KRW 500 million and the payment date of the purchase price of KRW 500 million with respect to the attached list 2-and 8 real estate (hereinafter “instant I land”) listed in the attached list owned by the Defendant, and concluded the sales contract on November 19, 2014, and completed each registration for the transfer of ownership on the grounds thereof on August 27, 2014.
E. On the same day ( August 27, 2014), the Plaintiff: (a) granted a right to collateral security to Nonparty Anyang Agricultural Cooperative; (b) extended a loan of KRW 200 million to Nonparty Anyang Agricultural Cooperative; (c) paid the remainder of the land sales contract of this case to KRW 240 million; and (d) completed the registration of ownership transfer for the land of this case on the same day on the same day; and (b) completed the registration of ownership transfer for the land of this case on the same day on the same day; and (c) completed the provisional registration for the right to collateral security (hereinafter “the provisional registration of this case”).
F. On November 20, 2014, the Defendant is the principal registration based on the provisional registration of this case as to the instant land on November 24, 2014.