(영문) 대구지방법원 2017.08.23 2016나9412 | 리걸엔진

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(영문) 대구지방법원 2017.08.23 2016나9412

소유권이전등기절차이행

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1. Revocation of the first instance judgment.

2. On May 30, 2013, the Defendant issued an apartment on the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that implemented a new construction project of Hosi-si C and E-ground D apartment (hereinafter “D apartment”).

B. On November 21, 201, the Plaintiff lent KRW 66,000,00 to F.

C. On May 30, 2013, G drafted a written confirmation to the effect that “The sales contract for the apartment buildings listed in the separate sheet (hereinafter “instant apartment”) among D apartment buildings with the investment money received from F was issued to the Plaintiff.” D.

On May 30, 2013, the Plaintiff and G drafted a sales contract for the instant apartment (Evidence 1, hereinafter “instant sales contract”). The sales contract of this case is 6,00,000 won, the date of payment for the sale is 66,00,000 won, and the seller is the Defendant and G, and the buyer is the Plaintiff, respectively, and the Defendant’s seal is affixed thereto.

E. As to the instant apartment, on October 14, 2013, the registration of preservation of ownership in the name of the Defendant was completed due to the commission of the registration of provisional attachment on October 14, 2013. At the Plaintiff’s request, the registration of provisional disposition was completed on January 27, 2014 pursuant to the decision of provisional disposition (2013Kadan9410) by the Daegu District Court (2013Kadan9410) and the registration of provisional disposition was completed on May 12, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Gap's 4-1, and the purport of whole pleading

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff lent construction funds to the Defendant, who is the owner of D apartment building through F. In lieu of repayment of the loan, the Plaintiff entered into the instant sales contract on May 30, 2013 with the Defendant to receive the transfer of the instant apartment in lieu of repayment of the loan, and entered into the instant sales contract on May 30, 2013. Therefore, the Defendant is obligated to implement the registration procedure for ownership transfer on May 30, 2013 with respect to the instant apartment. 2) Even if the Defendant did not directly conclude the instant sales contract, even if it did not directly

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