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1. The Defendant is the Jeju District Court with respect to the Plaintiff’s 2,711 square meters in Seopo-si, Seopo-si, Jeju Special Self-Governing Province.
Reasons
1. Facts of recognition;
A. The agreement signed on December 16, 2016, with the seal affixed by the Plaintiff and the Defendant’s seal affixed (hereinafter “instant agreement”) was signed, and the condition that the Plaintiff waives or transfers to the Plaintiff the claim amounting to KRW 4.6 billion against D, the Defendant included the content that (i) the Plaintiff will transfer the registration of creation of a new maximum debt amount of KRW 1.5 billion to the Plaintiff for the payment of KRW 1.5 billion to the Plaintiff, and (ii) the registration of creation of a new maximum debt amount of KRW 1.5 billion to the Plaintiff for the payment of KRW 1.5 billion to the Plaintiff, and (iii) the transfer of the ownership of E and F land in the name of the Plaintiff for the payment of KRW 1.5 billion to the Plaintiff.
B. On December 23, 2016, the Defendant completed the registration of the establishment of the right to collateral security (hereinafter “right to collateral security”) of KRW 1.5 billion with respect to the instant land (hereinafter “right to collateral security”) with respect to the instant land on December 23, 2016, for the implementation of the part of the said agreement.
C. On December 28, 2016, the Plaintiff and the Defendant entered into a pre-sale promise and provisional registration with the content that the Defendant would sell the instant land at KRW 1.39 billion to the Plaintiff (hereinafter “instant pre-sale promise”) and the Defendant, on December 29, 2016, completed the provisional registration of the Plaintiff’s right to claim ownership transfer (hereinafter “instant provisional registration”) with the Jeju District Court’s receipt registration office as the Jeju District Court’s receipt registration office as of December 29, 2016.
On August 31, 2018, a copy of the complaint of this case, stating the Plaintiff’s declaration of intent to complete a pre-sale agreement, was served on the Defendant on August 31, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence No. 1-5, the purport of the whole pleadings
2. Summary of the parties’ assertion as to the cause of claim;
A. The Plaintiff’s objection.