지역권설정등기말소 청구의 소
1. As to the Plaintiff’s share of 1,525,344/2,871,00 of the real estate listed in [Attachment List No. 1]
A. Defendant C and B
1. Facts of recognition;
A. On March 16, 201, Nonparty V entered into an agreement with Defendant B, who is engaged in real estate brokerage business, for the registration conversion of 28,939 square meters of X-gun, Incheon, Incheon, which is a master land located within the land transaction contract permission zone, with 28,939 square meters of land (YY-gun, Incheon, Incheon, Y-gun, Y-gun, Y28,710 square meters of land). Here, on March 9, 2009, each of the forests listed in attached Tables 1, 1, 2, 2, and 3 was divided, and the land category of the above Y land was changed to a road as described in attached Table 1, 16, 201; hereinafter, each of the real estate listed in attached Table 1, with the AA forest (hereinafter “A forest land”), AB (hereinafter “AC forest”), and AD (hereinafter “AE forest land to jointly purchase the forest land to third parties.
B. On April 6, 2004, V and Defendant B purchased the instant real estate in the name of 875.4 billion won. Of down the down payment of KRW 100 million, KRW 30 million on the date of the contract, the remainder of KRW 70 million on April 8, 2004; the intermediate payment of KRW 400 million on April 23, 2004; and the remainder of KRW 375.4 million on May 20, 2004 (hereinafter “instant sales contract”); and thereafter, they concluded a sales contract with each other on May 20, 2004 (hereinafter “instant sales contract”); and thereafter, they concluded a sales contract with each other on the remaining three parcels of land.
C. V paid W, according to the instant sales contract, KRW 30 million on the day of the contract, KRW 70 million on April 8, 2004, and KRW 400 million on April 23, 2004, respectively.
Defendant B paid W the balance of KRW 375,40 million on May 20, 2004, and completed the registration of ownership transfer under Defendant B’s name on June 1, 2004 with a real estate sales contract attached to the purport that “The instant real estate was concluded between Defendant B and W on May 31, 2004 (the amount calculated as the publicly notified land price).”
E. V and Defendant B are the instant partnership relationship on June 4, 2004.