소유권말소등기
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
1. The reasoning of the court of the first instance’s explanation in this case is as follows, except for the following addition, and therefore, it is identical to the corresponding part of the reasoning of the first instance judgment. Thus, it is acceptable to accept it as it is under Article 420 of the Civil Procedure Act.
2. From 5th to 6th of the judgment of the court of first instance, the part added to the dismissal shall be as follows:
(A) On March 21, 2006, the Plaintiff entered into a sales contract with B to purchase 1/2 of the instant real estate at KRW 595 million. On October 31, 2006, the fact that the Plaintiff completed the registration of entire share transfer in Defendant C with respect to one half of the instant real estate on October 31, 2006 is as seen earlier. Each of the evidence mentioned above and evidence Nos. 8, 9-1-1, 12, 13, 14-1, 2, 15, 16, 18, 20, and 23 of the instant real estate and the purport of the entire pleadings by witnesses at least 3/10 of the Plaintiff’s share in the instant real estate, and thus, the Plaintiff’s share in the above real estate title trust agreement with the Plaintiff is not deemed to have been interfered with the registration of the title trust agreement with the Plaintiff and at least 2, 3/100 of the above shares in Defendant C’s title trust agreement with the Plaintiff.
① The Plaintiff performed all the process of concluding and performing a contract, including negotiations, consultations, and payment of purchase price and fees, for the conclusion of a sales contract. Defendant C was present at the time of the conclusion of the said sales contract on March 21, 2006, there is no circumstance or material supporting the Plaintiff’s involvement in the process of concluding and implementing the said sales contract.
② Defendant C shall contribute KRW 300 million out of the purchase price, and the remainder.