소유권이전등기 등
1. The plaintiff's primary claim against the defendants is dismissed, respectively.
2. Defendant B shall pay to the Plaintiff KRW 36,891,111 and its amount.
1. Basic facts
A. (1) Defendant C’s clan (hereinafter “Defendant C’s clan”) completed the registration of ownership transfer on June 16, 1981 with respect to the land before the instant partition (hereinafter “instant land”).
B. On October 21, 1989, E, January 16, 1990, the Plaintiff, January 24, 1990, and Defendant B completed the registration of ownership transfer on May 13, 1993.
B. (1) The Defendant clan filed a lawsuit against the Plaintiff, Defendant B, etc. seeking cancellation of the ownership transfer registration of the land prior to the instant partition, claiming that the ownership transfer registration of the Plaintiff, Defendant B, etc. on the land prior to the instant partition becomes null and void, thereby filing a lawsuit against the Plaintiff, Defendant B, etc. for cancellation of the ownership transfer registration of the
(hereinafter referred to as “relevant case”). On October 23, 1995, on which the instant case was pending, Defendant B agreed against the Plaintiff on October 23, 1995 to transfer 1/9 of the land before the instant partition to the Defendant clan (the actual payer: the Plaintiff) who compensates the Plaintiff for the land, etc. before the instant partition.
On June 25, 1996, the plaintiff, as the defendant (appointed party), agreed with the defendant clan including the following contents:
1. The defendant (hereinafter the original defendant's indication stated in the compromise clause shall be based on the above compromise protocol) shall be paid as compensation the amount of KRW 100 million up to June 28, 1996, KRW 50 million up to August 31, 1996, KRW 20 million up to December 31, 1996, KRW 50 million up to February 28, 1997, and KRW 18 million up to June 30, 1997. < Amended by Presidential Decree No. 15095, Dec. 31, 1996; Presidential Decree No. 15083, Feb. 28, 1997>
2.(a)
The defendant shall perform the procedure for the registration of ownership transfer or implement the procedure for the registration of cancellation of ownership transfer registration in installments to the plaintiff on October 30, 1996 with respect to a total of 797 square meters among the 20628 square meters of Gyeonggi-gu H forests and fields.
B. The Defendant allows the Plaintiff to use a 4-meter road from the land of Gyeonggi-gu Group I to the land of the above paragraph (a).