(영문) 전주지방법원 2015.01.29 2013가단31375

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(영문) 전주지방법원 2015.01.29 2013가단31375

소유권이전등기

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The instant land is the land, the registration of ownership preservation of which was completed in the future of the Defendant on August 26, 1981.

B. On March 31, 2003, the Plaintiff and the Defendant drafted a pre-sale agreement with respect to the instant land as follows:

(1) The Defendant of the contractor, the purchaser, and the Plaintiff (2) of the purchaser. The Defendant promised to sell the instant land at KRW 16 million to the Plaintiff.

The plaintiff paid 6 million won to the defendant as the deposit money of this contract.

(3) The Defendant’s payment of the amount of damages agreed in advance between the said deposit and the parties to the Plaintiff by March 30, 2005 is released from this reservation. If the Defendant did not pay the said amount by the said period, it is deemed that the parties expressed their intent to complete the sale of the leased object on the following day after the said period expires, and the ownership of the leased object is entirely transferred to the Plaintiff. The Defendant must deliver the leased object without any limited real right and implement the procedure for ownership transfer registration.

C. On April 1, 2003, the Plaintiff completed the provisional registration of the right to claim ownership transfer on the ground of the above trade reservation (hereinafter “the provisional registration of this case”).

[Evidence] Each entry of evidence Nos. 1 and 3, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s husband D loaned money exceeding KRW 100 million to E by the beginning of 2003, and around March 2003, the Plaintiff agreed to purchase the instant land owned by E in substance between E and E with the Plaintiff at KRW 80 million and the said loan was repaid in lieu of the payment of the purchase price.

In addition, E was aware that the Plaintiff completed the registration of ownership transfer with respect to the instant land, and the Plaintiff was aware of the completion of the provisional registration of this case, not the registration of ownership transfer, around 2010.

On the other hand, however,

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