소유권말소등기
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 6, 2013, the Defendants entered into a contract with the Plaintiff to purchase KRW 1.5 billion with respect to the amount of KRW 1.5 billion for the Gyeonggi-gun D and E forest land owned by the Plaintiff (hereinafter “instant contract”). On November 7, 2013, the Defendants paid KRW 45 million to the Plaintiff the down payment.
Around May 20, 2014, the area subject to the instant contract was divided into the instant land Nos. 1 and 2, and E forest land was divided into KRW 200,000 on July 29, 2014.
B. On March 5, 2014, the Defendants completed the registration of ownership transfer as to co-ownership (Defendant B 1443/2573 shares and Defendant C 1130/2573 shares) on the ground of sale and purchase as of March 4, 2014. Defendant C completed the registration of ownership transfer as to the land No. 1 of this case on July 1, 2014, based on the co-ownership partition as of June 27, 2014, and Defendant B completed the registration of ownership transfer as to the land No. 2 of this case on July 1, 2014, based on the co-ownership partition as of June 27, 2014.
C. Under the instant contract, the Defendants completed the registration of ownership transfer on March 4, 2014 with respect to each of the Plaintiff’s shares on March 5, 2014, among the land Nos. 3 and 4, with respect to each of the Plaintiff’s shares on March 4, 2014. Defendant B completed the registration of ownership transfer on August 19, 2014; Defendant C completed the registration of ownership transfer based on the partition of co-owned property on the same day as to the share of the instant land No. 4 on the same day.
With respect to the shares of the instant land No. 1 and 2, and the shares of the instant land No. 3 and the shares of the instant land No. 4 (hereinafter “each of the instant land”), the establishment registration of a neighboring mortgage in the name of the Plaintiff was completed on Nov. 26, 2012 prior to the instant contract, KRW 600 million with the maximum debt amount, and KRW 100 million with the maximum debt amount on Apr. 23, 2013.