소유권말소등기
1. On September 9, 2015, the Defendant: (a) on the portion of 1/2, out of the portion of 1,038 square meters in the Changwon District Court 1,038 square meters to the Plaintiff.
1. Basic facts
A. From October 2010, the Plaintiff engaged in the secondhand car sales business with the trade name “E” in macro-si D.
From April 2014, the Defendant, as the Plaintiff’s land, was involved in the above middle and high-speed trading business while attending a middle and high-speed trading business site operated by the Plaintiff.
B. On November 2014, the Plaintiff changed the place of business to Friri-ri land as a result of the termination of a lease agreement at an existing used-sale workplace.
Accordingly, on December 11, 2014, the Plaintiff and the Defendant purchased G 793 square meters, H 818 square meters, and I 1/27 square meters, and completed the registration of ownership transfer in co-ownership with 1/2 equity shares. On December 17, 2014, the Plaintiff and the Defendant combined the said three lots of land with G 1,738 square meters.
(B) On July 3, 2015, the land above is divided and land category is changed, and the G is composed of 1,730 square meters in G at the same time on July 3, 2015; hereinafter referred to as “G land before division” in total.
On June 2015, the Plaintiff and the Defendant moved their place of business to the G land before the split-off.
Since then, the Plaintiff and the Defendant: (a) was divided into G land with a 692 square meters and a 1,038 square meters in G on September 3, 2015 (hereinafter “instant G and C land”); and (b) on September 14, 2015, the Defendant completed the registration of ownership transfer on the Plaintiff’s 1/2 portion of the instant land among the instant land on September 9, 2015, based on the partition of co-owned property as of September 9, 2015.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal
2. The parties' assertion
A. (1) Plaintiff (1) requested the Defendant to pay the investment amount originally promised in relation to the used car sales business, and the Defendant proposed that the Plaintiff obtain an additional loan by dividing the G land before the split-off around August 2015, and the Plaintiff agreed to the survey for split-off and gave the Plaintiff the Plaintiff’s seal impression to the Defendant.
However, the defendant shall use the plaintiff's seal imprint at his own discretion.