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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. While the Plaintiff’s assertion owned each real estate listed in the separate sheet (hereinafter “instant real estate 1 through 5”), on March 6, 2005, the Plaintiff entered into a sales contract with C on March 6, 2005 to sell the instant real estate 1 through 4, and without any legal cause on May 16, 2005, the ownership transfer registration for each of the instant real estate was completed in the name of the Defendant without any legal cause.
Therefore, the defendant is obligated to cancel the registration of ownership transfer concerning each real estate of this case, and since the real estate of this case 4 and 5 is expropriated in Socheon-gun on June 24, 2009, it is obligated to pay the amount equivalent to the above compensation for expropriation to the plaintiff as unjust enrichment.
2. Determination
A. The subject matter of the instant claim for cancellation registration with respect to real estate Nos. 1, 2, and 4 is the right to claim for cancellation registration in question, and the cause of the claim, which is the basis of its identity, is the invalidation of the relevant cause of registration, and individual grounds supporting the invalidation of the cause of registration, are merely independent means of attack and defense, and thus does not constitute a separate cause
(1) In light of the above legal principles, the Plaintiff filed a lawsuit seeking unjust enrichment of KRW 6,915,760, which the Plaintiff shall return to the Defendant, and the Plaintiff again filed a lawsuit seeking unjust enrichment of KRW 73,269,870, the remainder of KRW 55,000,000 and delay damages that the Plaintiff shall return to the Defendant, on the ground that the Plaintiff sold real estate of this case to the Defendant, but the Defendant did not pay part of the purchase price, and the Plaintiff revoked the sales contract of this case as 201Gadan32911 and sought the implementation of the registration procedure for cancellation of ownership transfer registration of this case 1,291.
Ultimately, with respect to the real estate of this case 1 and 2, the subject matter of the previous lawsuit and the subject matter of the lawsuit of this case are all different.