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Reasons
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(영문) 서울중앙지방법원 2015.05.14 2014가합23145
양수금
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1. Defendant C pays KRW 4,500,000 to the Plaintiff.

2. Plaintiff’s claim against Defendant B and Defendant C.

Reasons

1. Facts of recognition;

A. 1) On December 31, 2013, E, the husband of the Plaintiff, is the Plaintiff’s husband, and the Defendant B, the agent of Defendant C, on behalf of the Plaintiff and F (hereinafter “instant sales contract”).

(1) The Defendant C entered into the purchase of the instant land (hereinafter referred to as “the instant land”). The content is from Defendant C to the extent that the land was purchased.

) 5,422 shares in 7,736 (hereinafter “instant purchase shares”)

(2) The Plaintiff and F, on January 9, 2014, completed the registration of ownership transfer as to each of the above shares in the land purchased in this case on the following grounds: F, the remaining 2,314 shares will be purchased at KRW 157,500,000.

B. Around January 1, 2004, Defendant B entered into a loan agreement with the State property for the purpose of farming as to 4,577 square meters among 16,731 square meters of land adjacent to the land purchased in this case. Defendant C entered into a loan agreement with the State property for the purpose of using the land No. 1 as an entry for use on November 21, 2008. 2) At the time of entering into the instant contract, Defendant B requested Defendant B to transfer the name of the loan agreement with the State property under the name of Defendant C as to the land No. 1 in this case to the Plaintiff in order to use it as a road passing through a public road from the land purchased in this case.

3) Defendant B demanded Defendant B to purchase KRW 30 million as the premium for the transfer of the said title. However, E would not purchase the instant purchased land if it would give the premium of KRW 15 million to the Plaintiff. Ultimately, Defendant B received the premium from the Plaintiff and agreed to transfer the name of the loan agreement for the instant land No. 1 to the Plaintiff. However, Defendant B demanded Defendant B to use the instant land No. 2 as a road, while demanding Defendant B to transfer the name of the loan agreement for the State-owned land No. 2, other than the instant land No. 1, and to reduce the premium of KRW 7.5 million.

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