제3자이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The pertinent Plaintiff between the parties is a school juristic person that has an Emiddle School and F High School under its control.
The Defendants and D maintained the Plaintiff’s president position in around 1986 after having taken office as the president of the Plaintiff in around 1981 as net G children, net G around 1981, but from around 1982, D maintained the Plaintiff’s president position in around 1986.
B. The Plaintiff’s real estate disposition 1) around July 27, 1985, each of the real estate listed in the attached Form, which was the Plaintiff’s fundamental property (hereinafter “each of the instant real estate”).
Around December 30, 1985, the Plaintiff obtained permission from the superintendent of the Office of Education of Busan Special Metropolitan City and Metropolitan Cities to dispose of each of the instant real estate. (2) On December 31, 1985, the Plaintiff drafted a sales contract concerning each of the instant real estate, the purchase price of which is KRW 40 million with H and the purchase price of which is KRW 40 million.
(3) On June 21, 1996, H is entitled to the registration of transfer of ownership based on the sale of each of the instant real estate on December 31, 1985 (hereinafter “instant transfer of ownership”).
(C) The Defendants’ registration of ownership transfer in the name of the Defendants as to each of the instant real estate 1) D filed a lawsuit against H against H to claim the implementation of the procedure for ownership transfer registration based on unjust enrichment as to each of the instant real estate by the court 2004Gahap529, and received a favorable judgment on April 29, 2004. The said judgment became final and conclusive around that time.
D On July 14, 2004, according to the above final judgment, D completed the registration of ownership transfer based on the return of unjust enrichment on April 29, 2004 with respect to each of the instant real estates.
2. Defendant B filed a lawsuit against D seeking implementation of the procedure for ownership transfer registration on the ground of the split-off agreement on inherited property with respect to the portion of 1/5 of each of the instant real estate in Seoul Eastern District Court No. 2008Gahap3037, and was awarded a favorable judgment.
On this basis, D Seoul High Court.