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(영문) 수원지방법원성남지원 2016.08.12 2016가단7981
소유권이전등기
Text

1. The Defendant’s sales contract was based on the sales contract executed on February 18, 2013 with respect to the real estate listed in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 7, 2012, the Defendant concluded a construction contract with Nonparty B and Gwangju-si on the construction of multi-household housing (D building) on two lots of land outside Gwangju-si, and agreed to transfer 4 households, including the real estate listed in the separate sheet (hereinafter “instant real estate”) in lieu of the construction cost.

B. On February 18, 2013, the Plaintiff lent KRW 100,000,00 to Nonparty B as of April 18, 2013. On the same day, the Plaintiff agreed to transfer the instant real estate in cases where the Plaintiff provided the instant real estate to be transferred from the Defendant for the security of the said loan, and the said loan was not repaid by the due date.

C. Accordingly, on February 18, 2013, the Defendant drafted a sales contract between the Plaintiff and the Plaintiff on the instant real estate as “the seller, Defendant, and Plaintiff,” and the sales price was settled as the above loan claim and the obligation for the construction cost.

On September 25, 2013, the Defendant completed registration of preservation of ownership of the instant real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, it is reasonable to view that the defendant agreed to transfer ownership to B in lieu of the construction cost, and that the defendant transferred ownership to the plaintiff at the request of B. Thus, the defendant is obliged to implement the procedure for registration of transfer of ownership to the real estate of this case in accordance with the above sales contract.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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