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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic facts are the relationship between the plaintiff and the defendant, and the defendant's mother C is the plaintiff's mother.
The Plaintiff and C purchased the land indicated in the attached Form (hereinafter “instant land”) in KRW 355,00,000, and completed the registration of ownership transfer in the name of the Defendant on March 5, 2010.
At the time, the Plaintiff and C bears 52,500,000 won out of the purchase price, and the Plaintiff, on March 5, 2010, set up a collateral security (the maximum debt amount of 325,000,000,000) for the instant land, and prepared the remainder of the purchase price with loans of 250,000,000 won, and the Plaintiff bears 11,60,000,000 won in total.
From May 28, 2010 to April 19, 201, the Plaintiff lent a total of KRW 60,500,000 to C five times.
[Grounds for recognition] The Plaintiff’s assertion as to the ground of claim as to Gap’s evidence Nos. 1 and 2, and the ground of claim as to the whole of the pleadings and Eul’s assertion as to the purport of claim shall have ownership of the land of this case instead of granting settlement payment to Eul around April 201. The Plaintiff and Eul agreed to settle the amount calculated by deducting the amount of KRW 64,50,000,000 from the amount of KRW 12,40,000 for the first year of purchase of the land of this case (i.e., the purchase price of KRW 355,000,000 from the amount of KRW 129,50,000 and the amount of KRW 11,60,000,000 from the amount of KRW 129,000,000 for the creation of collateral Security and the amount of KRW 650,000,000 for the Plaintiff’s loan loans.
Pursuant to the above settlement agreement, the Plaintiff paid C more than the settlement amount on April 26, 2011. As such, the Defendant is obligated to implement the registration procedure for transfer of ownership for sale on April 26, 2011, on the instant land.
Judgment
First, we examine whether there was a settlement agreement between the plaintiff and C.
According to Gap evidence Nos. 5 and Eul evidence Nos. 4 and 6, the Plaintiff’s wife leased the instant land from November 30, 201 to November 29, 2016, and the Defendant secured the instant land from June 2014.