소유권이전등기말소 등
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. F is an owner of shares of 58,312/1,157,470 of each real estate listed in the separate sheet (hereinafter “F share”), and on August 21, 2003, F reported a preferential purchase in the case of voluntary auction for real estate (Seoul District Court G) regarding the remaining shares other than F share (hereinafter “auction share”) 1,157,470/470 of each real estate listed in the separate sheet, and received a decision to permit sale of KRW 3,539,295,200 from the said court. At the time, the Plaintiff paid KRW 353,929,520 of the bid bond on behalf of F. < Amended by Presidential Decree No. 1815, Aug. 21, 2003>
B. F did not prepare any balance of the proceeds from sale, and requested the Plaintiff, H and I to invest the balance of the proceeds from sale in the Defendant C, which was introduced through the Plaintiff, H and I. Accordingly, Defendant C paid the remainder of the proceeds from sale on May 25, 2004 on behalf of the Defendants at KRW 3,269,145,160 (including interest interest at KRW 83,779,480).
C. Meanwhile, on May 25, 2004, Defendant D, the denyingr of Defendant C, purchased F shares in each of the instant real estate in KRW 500 million from F, and completed the registration of ownership transfer on the 28th of the same month.
On May 31, 2004, the registration of transfer of ownership due to the sale by auction in the name of F on the part of each real estate of this case has been completed, and on the same day, the registration of transfer of ownership was completed on May 25, 2004 under the joint name of the Defendants.
[Real estate] Each of the real estate in this case [the meaning of the preparation of an execution agreement] The real estate subject to consultation shall be the real estate (site) from G auction at the Changwon District Court G Auction on August 21, 2003, and KRW 353,929,00, which is 10% of the bid bond by applying for the F Co-owners' preferential purchase on August 21, 2003, the bid price of KRW 3,539,295,000 for the bid price of KRW 3,269,145,000 for the bid price paid by the Plaintiff on behalf of the Plaintiff until May 25, 2004, however, the Defendants, a third party, who is the owner of the said real estate, shall pay the remainder of the bid price until May 25, 2004.