소유권말소등기
1. Defendant (Counterclaim Plaintiff) D is paid KRW 6,095,226 from the Plaintiff (Counterclaim Defendant) and repaid to Defendant B.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and Defendant D, C, and Nonparty E No. 1 (sales contract) indicated as K Co., Ltd. (Representative E), one of the buyers, but the parties did not conflict with the buyer as to E who is not K Co., Ltd., and thus, the buyer should be deemed E;
On November 6, 2007, F and G (hereinafter “six buyers of this case”) purchased 17,944 square meters of H forest in Kimpo-si, Kimpo-si, Defendant B (hereinafter “instant H forest”) at the purchase price of KRW 2.7 billion at the purchase price, at the following rate of shares:
On November 24, 2011, 234.04/234.04 of the Plaintiff (A) with non-shared share, Defendant D 12,721/12,721/12, and Defendant C 1896.28/12,721/10 of Defendant C 1896.28/12,721 transferred to the Plaintiff on November 24, 2011, 1896.28/12,721/12,721/234.06 G 12,721/234.06/6
B. After that, on June 3, 2008, in the instant H forest, the land category of 5,223 square meters for I forest land was divided into 5,200 square meters (J forest land 5,200 square meters on the same day, and the land category was changed to 5,200 square meters on November 7, 2012; hereinafter “instant land for factory”) and H forest land, which is real estate listed in the attached list, left 12,721 square meters for H forest land (hereinafter “instant land”).
C. Six buyers of the instant case: (a) entrusted the title to Defendant C with the registration of ownership transfer in the name of Defendant C; and (b) completed the registration of ownership transfer in the name of Defendant C with the trust of the title to Defendant D with respect to the instant land; and (c) completed the registration of ownership transfer in the name of Defendant D (hereinafter “the instant registration of ownership transfer”) under the name of the Busan District Court Branch, Busan Branch, Kimpo-si Office, 2008 receipt on July 22, 2008.
On November 24, 2011, the Plaintiff, between five purchaser of this case (referring to the purchaser of this case, excluding the Plaintiff, among six purchaser of this case) on November 24, 201, assumed that the Plaintiff bears the joint liability of 968,665,358 won to five purchaser of this case, and the Plaintiff acquires the share of five purchaser of this case’s land for factory in this case. The Plaintiff acquired the share of 5 purchaser of this case’s five purchaser of this case’s five,57,973.