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Reasons
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(영문) 춘천지방법원 원주지원 2021.01.21 2019가합5365
소유권이전등기
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1. The defendant shall receive KRW 765,037 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. Since December 2005, C Co., Ltd. (hereinafter “C”) entered into a contract with the Plaintiff on May 25, 2006 to jointly promote the instant project while purchasing and selling multi-family housing (hereinafter “the instant project”, and “the instant land”). On the same day, C Co., Ltd. (hereinafter “C”) entered into an agreement with the Plaintiff on May 25, 2006 to jointly implement the instant project, and prepared and issued to the Plaintiff a letter of intent to transfer to the Plaintiff all the instant project site ownership (including the land purchaser’s status) (hereinafter “instant transfer agreement”).

B. A around June 2006, upon receiving a loan of KRW 30 billion from E for the instant business, C issued a promissory note with KRW 30 billion under the Plaintiff’s payment guarantee (hereinafter “instant promissory note”).

(c)

C On August 10, 2006, the Defendant entered into a contract to purchase at KRW 76,868,000 of the real estate contained in the attached list (hereinafter “instant real estate”) in the instant project site (hereinafter “instant sales contract”) and paid the full purchase price to the Defendant from August 11, 2006 to December 29, 2006.

Article 6 of the instant sales contract provides that “The Defendant shall bear the remainder of all taxes, public charges, and other installment payments due to the possession of the instant real estate, and C shall bear the remainder.”

(d)

The Promissory Notes of this case was settled in default on June 16, 2008, and the Plaintiff paid in subrogation the amount of KRW 30 billion on the same day E.

From September 5, 2008, the Plaintiff filed a lawsuit against the owner of the instant project site, including C and the Defendant, seeking the registration of transfer of ownership of the instant project site in accordance with the instant transfer agreement (Scheon District Court original state support).

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