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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. On November 7, 2006, D, the Plaintiff’s husband of the claim, purchased F real estate (the specific subject matter of sale and purchase price cannot be known) located in Gangnam-gu Seoul in the Defendant’s name (the above real estate name was in the name of E, but the actual owner appears to have been the Defendant; hereinafter “instant sales contract”) under the Defendant’s or E’s request to compensate for the difference, and D, upon request of the Defendant or E, agreed on November 10, 2006, after transferring D’s forest land 16,609 square meters (hereinafter “instant land”) owned by D to the Defendant (hereinafter “instant additional agreement”). On December 11, 2006, the Defendant completed the registration of ownership transfer designated by Nonparty 1 and completed the registration of ownership transfer by Nonparty 3 (hereinafter “instant additional agreement”).
(C) On June 5, 2007, the sales contract of this case and additional agreements were terminated on June 5, 2007 (the defendant paid approximately KRW 40 million to D as penalty) at the request of the defendant's side (the plaintiff seems to have been represented by D) and the defendant decided not to raise any objection later.
As a result of the above cancellation, the Defendant was obligated to restore the ownership of the instant land to D. However, due to disputes between the Defendant and H, the Defendant was unable to recover the ownership of the instant land. D filed a lawsuit against the Defendant for demanding the performance of the procedure for claiming the transfer registration of ownership (Seoul Central District Court 2010Kadan24820) regarding the instant land on June 11, 2010, and on June 29, 2010, the Seoul Central District Court (2010Kadan6065) rendered a decision to prohibit the disposal of the instant land (hereinafter “instant provisional disposition”), and completed the provisional disposition registration on the same day.
(3) After that, the Defendant and D decided to smoothly agree on the above dispute, they represent D.