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Reasons
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(영문) 서울중앙지방법원 2016.05.26 2015가단5128168
소유권이전등기
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2014, the Plaintiff’s father C and the Defendant, the agent of the Plaintiff, concluded a real estate sales contract (hereinafter “the instant sales contract”) with the purport that “The Plaintiff purchased real estate owned by the Defendant (hereinafter “the instant loan”) in the amount of KRW 365 million, but the down payment of KRW 50 million shall be paid at the time of the contract, and the remainder of KRW 315 million shall be paid at the time of the present person’s death, and the remainder of KRW 305 million shall be paid at the time of cancellation of provisional seizure.”

B. (1) Payment and deposit (1) C is the Defendant’s KRW 10 million on July 8, 2014, which was prior to the instant sales contract;

7. A total of KRW 20 million, including KRW 10 million, was paid (hereinafter “the instant money”).

(2) On August 23, 2014, after the instant sales contract was concluded, the Plaintiff KRW 960,000,000 to the Defendant;

8. 25.20 million won was paid.

(3) Thereafter, C remitted to the Defendant KRW 5 million on October 7, 2014, and on March 24, 2015, the Plaintiff deposited KRW 10 million with the Seoul Central District Court as the principal deposit, on the grounds of the Defendant’s refusal to receive payment.

C. At the time of the cancellation of the registration of provisional seizure, etc., the instant loan was registered under the name of the holder of the right and provisional seizure in the name of creditor D and E. However, the registration of provisional seizure was registered on December 4, 2014, and the registration of provisional seizure was registered on March 4, 2015. Meanwhile, the F’s lease period for which the instant loan was leased was up to November 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 5, Gap evidence 3-1, 2, Gap evidence 5-1, Eul evidence 2-1, and the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, the Defendant’s loan of this case in the absence of special circumstances to the Plaintiff.

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