1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. In relation to the registration of C apartment, Mapo-gu Seoul Metropolitan Government C apartment 101 Dong 1503 (hereinafter “C apartment”), registration of ownership was completed on May 2009 under the name of the Defendant, and registration of ownership transfer was completed on October 2, 2009 under the name of the Plaintiff on October 2, 2009.

On November 6, 2012, a sales contract (No. 1, 2012 No. 1, 2000 million won) was prepared that the Plaintiff sold the above apartment to the Defendant. On November 7, 2012, the Defendant made a registration of the right to demand partial transfer of ownership as to the above apartment unit’s 1/2 portion.

After all, the defendant filed a lawsuit against the plaintiff to seek implementation of the procedure for the registration of ownership transfer based on the sale contract as of November 6, 2012, Seoul Western District Court Decision 2015Da24990, and the plaintiff filed a lawsuit against the plaintiff. The contract for sale and purchase as of November 6, 2012, which was concluded on November 6, 2012, is null and void or fraudulent as a false declaration of intention or a declaration of intent by deception, and thus revoked the defense and the defense that the defendant cannot respond to the claim for the registration of ownership transfer of C apartment before receiving transfer margin 35 million won and other claims from the defendant, but the plaintiff's defense was dismissed, and the defendant's assertion was accepted and the judgment was finalized and the defendant's judgment was affirmed. The defendant again completed the registration of ownership transfer due to sale on November 6, 2012 under the name of the defendant with respect to the apartment C on June 6, 2016 according to the above final judgment.

B. On the other hand, the Plaintiff was the owner of the previous land and building E in Seodaemun-gu Seoul, Seodaemun-gu, Seoul and held the right to sell an apartment unit to be newly constructed as a F New Town redevelopment Project, but the purchaser was changed to the Plaintiff, who was the Defendant. Accordingly, the Seoul Western-gu, Seoul, which was newly constructed as a redevelopment project, was not more than 308 Dong-dong 602.