소유권이전등기말소
1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all dismissed.
2...
1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 3, witness D, testimony of E, and purport of the whole pleadings);
A. On March 2, 2004, the Defendant: (a) concluded a sales contract with D on March 2, 2004, by setting the sales price of KRW 826 square meters as KRW 20 million (the contract amount of KRW 30 million, the intermediate payment, and the intermediate payment of KRW 120 million as of March 30, 2004, and the balance of KRW 50 million as of May 30, 2004, on the condition that the household building on the land before the instant partition was divided into a site, and the land category of the part was changed into a site, among D and D, the actual owner, who is the owner on the register, delegated with the right to a sales contract by the Plaintiff as to the sales contract; and (b) concluded a sales contract on May 30, 2004, on the condition that the land category of the part was changed into a site.
(hereinafter “instant sales contract”). B.
1) On September 24, 2004, the land prior to the instant partition was divided into a 682m2m2, G field 101m2, H field 334m2, and H field 334m2 was divided into a 290m2 and a 44m2m2m2, F field 682m2 on December 14, 2004, respectively, and the land category of a 4m2m2 as a road on December 14, 2004.
C. On March 21, 2005, the registration of transfer of ownership in the name of the Defendant B was completed on the grounds of the sale on March 22, 2005 with respect to the F 682 square meters, G 101 square meters, H 290 square meters, and H 290 square meters, respectively, on October 10, 2005, on the grounds of the sale on September 20, 2005. < Amended by Presidential Decree No. 18758, Oct. 10, 2005>
2. The plaintiff's assertion and judgment
A. The Plaintiff’s primary claim 1) although Defendant B purchased only 826 square meters (250 square meters) out of the land prior to the instant partition from the Plaintiff, Defendant B completed the registration of transfer of ownership in the name of Defendant B with respect to the total area of 1,073 square meters (a total area of 1,073 square meters) in excess of the aforementioned area at his/her discretion by using the documents necessary for the registration of transfer of ownership, such as the Plaintiff’s certificate of personal seal impression, etc.
As above, Defendant B is entitled to 101 square meters in G field and 290 square meters in H field.