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Reasons
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(영문) 서울남부지방법원 2015.02.17 2014가단32186
진정명의회복을 위한 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. Facts of recognition;

A. On September 4, 2009, the joint owners B (26/60 shares) and C (1/6 shares) of the instant real estate entered into a sales contract with the Plaintiff on September 4, 2009, with the content that the instant real estate was sold to the Plaintiff at KRW 300 million (the contract amount of KRW 30 million shall be paid on the date of the contract and the remainder KRW 270 million shall be paid on November 25, 2009) (hereinafter “instant one sales contract”).

B. B and C received down payment of KRW 30 million from the Plaintiff on the date of the instant sales contract, but did not receive any balance on the date of the initial agreement.

C. On November 20, 2009, B and C concluded a sales contract with the Defendant to sell the instant real estate in KRW 300 million (hereinafter “instant two sales contract”).

According to the above sales contract, 30 million won of the down payment was to be paid in December 23, 2009 on the date of the contract, and the remainder KRW 270 million was to be paid in December 23, 2009, and B and C did not receive the down payment separately from the Defendant.

D Upon receiving a request from the Defendant to lend the purchase fund of the instant real estate from the Defendant, the Defendant remitted the amount of KRW 100 million on November 25, 2009 to C, and on December 27, 2009, the Plaintiff found B and delivered KRW 170 million to C.

E. At the time, B, as a seller’s representative, drafted and issued a receipt of KRW 170,00,000 to A on December 27, 2009, because: (a) drafted and issued a receipt in the future, A played a role in delivering part of the Defendant’s remainder to the seller.

F. The Defendant completed the registration of ownership transfer with respect to the instant real estate under the receipt No. 422 on January 22, 2010, for the reason of the instant two sales contract.

G. On January 22, 2011, the Defendant completed the registration of creation of a mortgage over the maximum debt amount of KRW 450,000,000 to D as security against D’s lending money from D at the same time with respect to the instant real estate.

H. At present, a registration certificate concerning the instant real estate is kept by D.

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