공유물분할
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. The summary of the Plaintiff’s assertion is as follows: (a) the Defendant and D agreed to purchase the forest of this case 15,074 square meters (hereinafter “the forest of this case”) with the Plaintiff at the time of public housing owned by E; and (b) the price per square meter of the forest of this case is KRW 20,000 and the total purchase price is KRW 90,000,000.
Accordingly, the Plaintiff paid a total of KRW 30 million as the sales price, and KRW 3.5 million as the registration fee, respectively.
However, the Defendant made F, a broker, the buyer, and entered into a sales contract with E by setting the sales price of the instant forest land as KRW 41.5 million (per square year) between E and E.
Ultimately, among the purchase price and registration cost of the instant forest, the Plaintiff bears KRW 33.5 million, and the Defendant, D and G bears KRW 11.5 million in total. However, on September 4, 2001, the Defendant deceiving the Plaintiff and completed the registration of ownership transfer with the content that the Plaintiff, Defendant, D and G share 1/4 shares in relation to the instant forest.
Therefore, even though the plaintiff made a claim against the defendant on the above deception, the defendant transferred only some of the shares in D to the plaintiff.
Therefore, the remaining 6196/15074 shares other than the 1/3 shares currently owned by the Plaintiff out of the forest of this case, 3350/4500 shares (the above 4.500 shares added up KRW 3.5 million in the purchase price) which are shares based on the ratio of the purchase price borne by the Plaintiff among the forest of this case, are acquired by the Defendant by deceiving the Plaintiff. Thus, the registration of transfer of ownership in the name of the Defendant as to the above shares is null and void.
Therefore, the Defendant is obligated to complete the registration of ownership transfer on the above 6196/15074 portion among the forest of this case to the Plaintiff, or to complete the registration of ownership transfer on the 11,221m2, an area equivalent to the sale price ratio borne by the Plaintiff out of the forest of this case.
(Reserve Claim Part) and this case acquired by the Defendant through the said deception.