소유권이전등기
1. The plaintiff's primary claim against the defendants is dismissed.
2. Defendant B’s KRW 52,600,000 and this shall apply to the Plaintiff.
1. Facts of recognition;
A. On November 4, 2004, the registration of ownership transfer from Defendant F was completed on November 1, 2004 under the name of Defendant E on November 1, 2004 with respect to the land size of 1078 square meters (hereinafter “instant real estate”).
B. On November 30, 2005, Defendant D entered into a contract to sell the instant real estate to Defendant B and C (the sales contract includes “C and one other,” but the actual purchaser is the Defendant B, and the actual purchaser is the same as the name of C with the power of representation granted from Defendant C, and there is no dispute over this.) for KRW 66,660,000 in price.
C. Defendant B entered into a contract with the Plaintiff on December 2005 to sell 1/2 shares out of the instant real estate at KRW 32.6 million and agreed to transfer 1/2 shares out of the instant real estate to the Plaintiff.
The Plaintiff was exempted from the payment of KRW 10 million for the contract deposit per contract to Defendant B, and the intermediate payment of KRW 20 million around December 13, 2005 (the check issued by the Plaintiff was deposited into the account of Defendant B’s wife H, and Defendant B issued a receipt stating that “the balance received with the intermediate payment shall be KRW 10 million,” and the remainder of KRW 2.6 million was exempted.
Defendant B, around December 2005, agreed to sell to the Plaintiff the remainder of KRW 1/2 of the instant real estate at KRW 32.6 million. On December 23, 2005, Defendant B, through the Plaintiff, agreed to sell the remainder of KRW 1/2 of the instant real estate at KRW 32.6 million from the Plaintiff (on December 23, 2005, KRW 2.5 million was added to the down payment of KRW 16 million in total the down payment of KRW 2.5 million in Jeju J and K real estate purchased by the Plaintiff through Defendant B and KRW 9 million in total from the down payment of KRW 1.6 million to the Defendant B through a check, etc. that was issued on the day), and paid KRW 10 million on April 24, 2006 to the Plaintiff, respectively (in the L’s account that was deposited as Defendant B’s office member).
Defendant B.