소유권말소등기
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. (1) On July 23, 1973, the Plaintiff purchased from the Republic of Korea 2906 square meters (hereinafter “the Plaintiff’s land”). The Plaintiff completed the registration of ownership transfer on the following day.
around 197 and around 1978, the Plaintiff constructed an unauthorized house and stable on the Plaintiff’s land.
(2) In the assertion that E, G, H, I, and J (hereinafter “E, etc.”) had owned 49 square meters prior to D, P, P, and P (hereinafter “instant land”) adjacent to the instant Plaintiff’s land on their own accord, and was rendered a favorable judgment on April 20, 205 by filing a lawsuit against the Republic of Korea seeking the cancellation of registration of preservation of ownership (this Court 2004Gahap21553).
This judgment became final and conclusive around that time.
(3) On January 24, 2006, E/13, G, H, and I shared shares in shares of 4/13 shares in the instant land on January 24, 2006.
B. On January 26, 2006, the former sale of the instant land (1) E, etc. entered into a contract with Defendant C to sell KRW 1,390,000,000, and 22 parcels of the instant land (hereinafter “instant sales contract”).
Defendant C completed the registration of ownership transfer for the remaining purchased land except the instant land.
(2) On October 6, 2009, Defendant C entered into a contract with Defendant B to sell the instant land in KRW 30,000,000 (hereinafter “instant contract”).
(3) On October 15, 2009, Defendant B filed a lawsuit against E, etc., and Defendant C, etc. against each share of the instant land, to implement the procedure for ownership transfer registration for each share of the instant land to Defendant C based on the first sale contract, and ② Defendant C filed a lawsuit against Defendant B to implement the procedure for ownership transfer registration for each share of the instant land based on the second sale contract.
(Court 2009No389066). E, etc. accepted the claim of Defendant B on June 17, 2010.
A claim shall be made between Defendant B and C as a confession.