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Reasons
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(영문) 서울북부지방법원 2016.10.21 2015가단143543
소유권이전등기
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 29, 2014, the Defendants’ Intervenor (hereinafter “Supplementary Intervenor”) received a contract for reconstruction works of a multi-household housing (AC) on the ground of Dongdaemun-gu Seoul Metropolitan Government (AB) under the name of the Z Co., Ltd. (AA Co., Ltd. (hereinafter “SA Co., Ltd.”) operated by the Plaintiff’s de facto spouse, and agreed that 24 households were built to sell 40 households to its members and 16 households, including 601 units, as payment for construction expenses.

B. On April 1, 2015, Y listened to the statement that the supplementary participant in the non-party company located in Gangdong-gu Seoul Metropolitan Government AD and 502 would lend KRW 150 million to the construction cost, and that “the plaintiff will lend the construction cost if the plaintiff prepares a sales contract as to 601 for operation with the seal affixed by the representative of residents B, which is the representative of residents, and provides it as security after setting the sales contract as the purchaser. However, even if the sales contract is prepared, it may be recognized as having actual money and as security, so if the plaintiff returns it again, it would be lent KRW 230 million to the defendant B account in the name of the plaintiff.”

C. The supplementary intervenor told Defendant B that “I will lend money to Defendant B as security when preparing a sales contract on No. 601 with the Plaintiff and its operation, because the funds are insufficient to carry out the new construction work.”

Defendant B, on April 1, 2015, entered into a sales contract that sells AC Loan No. 601 to the Plaintiff KRW 250 million, and entered the same day as the purchase price was paid in full.

On April 2, 2015, the Plaintiff remitted KRW 230 million to Defendant B, and on the same day, KRW 200 million was remitted from Defendant B to Defendant B to Y again from the Intervenor, and KRW 30 million was remitted from Defendant B to the Intervenor.

The Defendants, on May 2015, shall complete the construction of new buildings at the end of the year.

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