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1. The Defendant’s KRW 36,99,500 for the Plaintiff and KRW 5% per annum from October 31, 2013 to December 26, 2014.
Reasons
1. Basic facts
A. On July 30, 2007, the non-party Grand Construction Co., Ltd., the owner of the land of this case 9,990 square meters (hereinafter referred to as “instant site”) in Emju-si, sold the instant site to Non-party D, and on the same day, D completed the registration of ownership transfer.
Around May 23, 2008, the Defendant entered into a pre-sale agreement with D on the instant site, and completed provisional registration of ownership transfer claim on May 26, 2008 on the said pre-sale agreement. On September 25, 2008, the Defendant completed the principal registration on September 25, 2008 on the ground of sale based on the pre-sale agreement, and completed the registration of the right to a site (hereinafter referred to as “registration of the instant site ownership”).
B. On March 31, 2008, Nonparty F received a decision of provisional disposition that “the right to cancel the sales contract based on the cancellation of fraudulent act and the right to claim for the registration of cancellation of ownership transfer registration” as the right to be preserved. Accordingly, Nonparty F completed the provisional disposition registration of the instant land (hereinafter “the provisional disposition registration of this case”) on the same day.
C. Meanwhile, the Plaintiff was awarded a successful bid on the Easypt Nos. 101, 202, 301, 302, 302, 303, 401, 403, 405, and 406 (the site right for the above buildings is 105.2475/9, 990 shares out of each of the site of this case) of Easypt Nos. 611,69, 596 won (the site right for the above buildings is 1/200 shares) on October 7, 201, and completed the registration of ownership transfer as to the above subparagraphs 202 through 403, 401, and 405 of Easypt No. 4065, Oct. 15, 201, after the Plaintiff paid the total purchase price of KRW 611,69,596 (the value of shares of the site).
In addition, the Plaintiff’s right to a site for the above building No. 102, 403, which was owned by the Defendant in the auction procedure of the He real estate located in Suwon District Court, is the share of 105.2475/9,990 of the instant building site.