소유권이전등기말소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On December 19, 2018, the area of the land was 1,045.7 square meters as the cadastral resurvey on Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul. The area of the land became 1,045 square meters on December 19, 2018. In addition, the land as the instant gas station E-dong (hereinafter “instant gas station”), and the said land as well as the said land as the instant real estate.
(2) On July 27, 2016, the Plaintiff sold the instant real estate at KRW 1,60,000,000 to the Defendant on or after July 27, 2016. However, on October 12, 2015, KRW 1,100,000 among them, the secured debt of KRW 1,380,000 of the maximum debt amount in the name of F Co., Ltd. with respect to the said real estate, which was registered as of October 12, 2015, KRW 260,000,000, as of October 12, 2015, the Defendant acquired each of the secured debt of KRW 260,000 under the name of G Co., Ltd. (hereinafter “G”), and KRW 2,200,000,000 from the remainder of the secured debt payment to the Plaintiff (hereinafter “the remainder of the secured debt payment”).
B. On July 27, 2016, the Plaintiff agreed with the Defendant and the Defendant that “The Plaintiff shall have divided half of the proceeds from the sale of the instant real estate within five years after deducting the total sales amount and expenses from the sale thereof,” and on the same day, the following was agreed with the Defendant. (1) As much as possible, the instant real estate shall be sold and sold or leased in consultation with the Plaintiff (i) under the agreement with the Plaintiff, at the time of black management for 6 months of the instant gas station.
(2) (2) On April 19, 2017, the Plaintiff is jointly managed with the Plaintiff when the Plaintiff was a business black (management costs) for six months after the acquisition. (3) Business expenses (all expenses, such as interest, personnel expenses, and operating expenses) are also jointly managed by the Plaintiff. In addition, on April 19, 2017, the Plaintiff submitted a written confirmation with respect to the instant real estate from the Defendant (hereinafter the above agreement) as follows.