소유권말소등기
1. The portion of the obligee's subrogation claim among the lawsuit in this case, and the primary conjunctive claim are the obligee's subrogation claim.
1. Basic facts
A. In Namyang-si, E 927 square meters (the conversion into the area unit on February 11, 2005, consisting of 3,064 square meters in Namyang-si, Namyang-si, and 574 square meters in Fanyang-si, Namyang-si (the conversion into the area unit on February 11, 2005; hereinafter “1,898 square meters in Namyang-si”; hereinafter “2 land”) were originally owned by G, the mother of Defendant B.
B. On August 30, 2001, G entered into a sales contract with D on KRW 443,00,00 for the purchase price for the land Nos. 1, 2, and H land at Nam-si (hereinafter “the first sales contract”), and entered into a sales contract with the following special agreements in the sales contract prepared at the time:
1. After an intermediate payment, a seller shall provide a purchaser with documents necessary for a building permit (written consent to the use of a site and attaching seals);
2. A vinyl shall be removed by the seller before the seller pays any balance.
3. Where removal is delayed before the payment of any balance is made: Provided, That the buyer shall pay the balance remaining to the seller immediately after the removal of a vinyl house is completed, while he/she shall pay the balance remaining to the seller at the time when the removal of the vinyl house is completed;
4. After granting a building permit, a seller shall comply with a request from a person designated by the purchaser for the transfer of ownership.
C. D, on December 8, 2001, without completing the registration of ownership transfer for the land 1 and 2, sold the land 1 and 2 by concluding a sales contract for the land 1 and 2 (hereinafter “second sales contract”) with the Plaintiff and the purchase price of KRW 450,000,000.
Pursuant to the first sale contract, D paid KRW 443,00,000 to G on April 19, 2002. According to the second sale contract, the Plaintiff paid KRW 450,000 to D from April 30, 2002 to May 24, 2002.
E. Since February 11, 2005 to December 1, 2005, land Nos. 1 is each real estate listed in the separate sheet Nos. 1 to 4, and land No. 2 was divided into each land listed in the separate sheet Nos. 5 to 8, and land listed in the separate sheet Nos. 2 and 6 is for acquisition of public land on February 7, 2005.