소유권이전등록 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. On March 5, 1993, the Plaintiff borrowed KRW 30 million from the Defendant for purchase of shares of KRW 1/5 among the instant land, and offered ownership of KRW 1/5 of each of the instant land and buildings as a collateral for transfer. Since the obligation to be secured was extinguished by repaying the above KRW 30 million, the Defendant paid the said KRW 30 million to the Defendant, the actual owner of each of the instant land and buildings, and as seen in the above basic facts, the new ownership preservation registration of the instant building was completed, and the instant land was registered as a site ownership, and the separate registration was completed by each floor, and the registration of ownership transfer was completed with respect to the real estate listed in the attached list.
shall carry out procedures for the registration of ownership transfer on the ground of the extinguishment of the secured obligation.
B. The Defendant asserted from the Plaintiff that “the Defendant, from October 29, 2018, prepared an agreement with the Plaintiff and F, and purchased 1/5 shares of each of the instant land and buildings.”
Each of the instant land and buildings is the actual owner who purchased shares of 1/5.
3. Determination
A. According to the evidence produced in the above basic facts, the following circumstances can be acknowledged.
① According to Articles 1, 2, and 3 of the agreement between the Plaintiff and the Defendant on March 5, 1993 (hereinafter “instant agreement”), the Defendant would pay to the Plaintiff KRW 20 million with “the purchase fund of 1/5 shares in the instant land” as “the purchase fund of 1/5 shares in the instant land,” and the Plaintiff would have completed the registration of ownership transfer as to each 1/5 shares in the instant land and building under the name of the Defendant.