소유권말소등기
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 4, 2015, the Plaintiff, as the owner of the land prior to the subdivision, 38,226 square meters (hereinafter “land prior to subdivision”), sold (hereinafter “the first sales contract”). On November 24, 2015, the Plaintiff: (a) determined the purchase price of KRW 92 square meters among the land prior to subdivision to the Defendant as KRW 30 million (on the basis of the end of the north; (b) KRW 100,000,000 (hereinafter “the first sale contract”). (c) On November 24, 2015, the Defendant completed the registration of ownership transfer on the ground of the first sale contract regarding the share of KRW 92/38,226, out of the land prior to subdivision; (d) the Plaintiff and the Defendant concluded a sale contract on June 2, 2016 regarding the land up to 290,000 square meters based on solar access as the last day of subdivision; and (d) the Defendant did not pay the purchase price to the purchaser.
On July 15, 2016, the Plaintiff and the Defendant divided the Plaintiff’s share of the Plaintiff’s land into 34,933 square meters (hereinafter “Plaintiff’s land”). On July 20, 2016, the Plaintiff completed the registration of partition of co-owned property as owned by the Defendant, respectively, on the grounds of the partition of co-owned property on July 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 4 through 6, Eul evidence No. 1 (the authenticity of the whole document is recognized in full view of the purport of the whole pleadings in the testimony of witness E), Eul evidence No. 3, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff sold to the Defendant only the sum total of 300 square meters and 50 square meters set forth in the first sales contract and the second sales contract for the land before subdivision.
However, the defendant divided the land before the division according to the first and second sales contracts, and deceives the plaintiff or purchased it by using the plaintiff's mistake in the process of partition of co-owned property.