소유권이전등기말소
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings by the court of first instance as a result of the appraiser H’s appraisal by the court of first instance.
Around March 4, 2002, the Plaintiff, who operated a pharmacy with F and the same business, entered into a lease contract with E and E on a deposit basis with approximately KRW 29 billion for the first floor and approximately 20 million for the first floor of the Daegu-dong G ground, Daegu-gu, which is owned by E, and KRW 500,000,000,000,000. (2) On November 1, 2007, the Plaintiff paid KRW 500,000,000 to E as the deposit for lease. (3) On January 30, 2012, the Plaintiff acquired the shares of his/her business from F and operated his/her pharmacy independently from the time of the transfer, and changed the lease contract with E to a lease contract with KRW 40,00,000,000 for the deposit for lease and KRW 500,00
B. On January 27, 2012, E entered into a sales contract with Defendant B on each of the real estate listed in the separate sheet Nos. 1 and 2, which is owned by Defendant B and E, and on January 30, 2012, E completed the registration of ownership transfer on each of the said real estate under the Youngcheon District Court’s receipt of the registration office of the Daegu District Court on January 30, 2012, E entered into a sales contract with Defendant C and E on January 27, 2012, and completed the registration of ownership transfer on each of the real estate listed in the separate sheet Nos. 3 and 4, which are owned by Defendant C and E on January 30, 2012. < Amended by Presidential Decree No. 26744, Jan. 30, 2012>
3) On January 31, 2012, E entered into a sales contract with Defendant D and E with respect to each of the real estate listed in the separate list Nos. 5, 6, and 7, and on February 3, 2012, E completed the registration of ownership transfer with respect to each of the said real estate under Article 3443, which was received by the Daegu District Court’s registration office (hereinafter collectively referred to as “each of the instant sales contracts,” and each of the instant sales contracts completed between E and the Defendants pursuant to each of the instant sales contracts.