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1. Of the judgment of the court of first instance, the part against the plaintiff with respect to the defendant B, which is ordered to pay below.
Reasons
1. Basic facts
A. On December 29, 1989, with respect to the acquisition of the instant land and the construction of the building in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, 1,173.9 square meters, one-fourth share transfer registration was made in the name of the Plaintiff, E (Insected by the Plaintiff and Defendant B), H (Insected by the Plaintiff and Defendant B), G (insected by the Plaintiff and Defendant B), and on August 31, 1990, with respect to the shares in G, and on December 31, 1990, the registration of ownership transfer was completed in the name of each Defendant B (insected by the Plaintiff).
In addition, on December 27, 1990, the registration of ownership transfer of 1/2 shares was made in the name of the plaintiff and E on December 27, 1990 with respect to D, 195 square meters.
(2) Around May 17, 1996, Defendant B entered into a construction contract with Sungdo Development Co., Ltd. (hereinafter “Mado Development”) for the construction of a building on the ground of the instant land, and concluded a construction contract with Sungdo Development Co., Ltd. (hereinafter “Mado Development”) on the construction project amounting to KRW 4,290,00,000 for the purpose of constructing a new building on the ground of the instant land, but the contract was terminated due to the dishonor of Sungdo Development, and entered into a construction contract with 4,00,000,000,000 of the contract amount with the General Construction Co., Ltd. (hereinafter “Mado Construction”) around February 1995.
In addition, with respect to each of the above shares of the instant building on July 2, 1997, the Plaintiff and E, due to the error in filing an application, were registered for the revision of ownership as to each of their shares under the size of the instant land (1,173.9 square meters = 1,369.6 square meters) 1,173.9 x 1,173.9 x 1/4195 x 1/2 x 1/2 391.325 Defendant B: 1,173.9 x 1/2 x 1/2 x 1/2 x 586.95 x 1,369.6 x 5 x 5,2 586.9 x 5 x 391.325 /1,369 x 6
After that, E’s shares in the instant land and buildings are transferred to Defendant B on January 9, 2006, and both the Plaintiff and Defendant B based on the ratio of 1/4 and 3/4 shares in the said land, and based on the ratio of 1/2 shares in the said D’s shares as to the said land.