소유권이전등기절차인수 청구 등
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit shall be.
A principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. On October 13, 2002, the Defendant: (a) purchased real estate listed in the [Attachment List (hereinafter “the instant real estate”) from Liber Industrial Co., Ltd. in KRW 270,000,000; and (b) paid all part payments.
B. On September 22, 2005, the registration of ownership transfer was completed in the joint name of the Plaintiff and the Defendant on April 17, 2008 with respect to the instant real estate on the grounds of sale and purchase on September 22, 2005.
In addition, on November 5, 2008, the establishment registration of a mortgage on the instant real estate was completed on November 5, 2007 with the maximum debt amount of KRW 203,50,000, the debtor A and the National Agricultural Cooperative Federation for the debtor A as well as the mortgagee A as to the instant real estate.
C. Meanwhile, on November 23, 2007, the Plaintiff entered into a loan transaction agreement with an agricultural cooperative as a loan of KRW 156,50,000 and transferred KRW 156,500,000 from the agricultural cooperative (hereinafter “instant loan”). 108,00,000 used for the repayment of part payments of the instant real estate that the Defendant received, and paid KRW 25,678,820 to the selling company as a balance, and paid KRW 300,00 to the selling company as a bank loan stamp and appraisal fee, and KRW 5,00,000,000 was deposited as the Plaintiff’s Dong head of Tong C, and the remainder of KRW 17,521,180 was transferred to the Defendant’s individual head of Tong.
The instant real estate was voluntarily decided on April 9, 2015 upon the application for voluntary auction by the Nonghyup Bank Co., Ltd., a collateral security right, and the decision of voluntary auction was rendered.
[Ground of recognition] Unsatisfy, Gap evidence 1-1-4, Gap evidence 6, Eul evidence 1, 6-7, the purport of the whole pleadings
2. Determination on the main claim
A. The Plaintiff asserted that the Defendant served from January 1, 2000 to the end of 2007 from the “E” corporation, a representative architect.
The Defendant purchased the instant real estate and paid the intermediate payment, and visited the Yeongdeungpo-gu branch of the Agricultural Cooperative Federation to receive the remainder loan, and the Agricultural Cooperative Co., Ltd.