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1. The plaintiff's conjunctive claims against the defendant A and against the defendant B and C shall be dismissed in all.
2.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is the Yangcheon-gu Seoul Metropolitan Government D-214 square meters (hereinafter “1 land”)
Of the shares 18.858/214 and E large 191.9 square meters (hereinafter referred to as “second-party land”).
(2) On April 17, 2006, the Defendant clan purchased 16.91/191/191.9 shares from F and completed the registration of ownership transfer in the name of the Plaintiff on February 23, 2009 after purchasing them in the compulsory auction procedure on April 24, 2007. Meanwhile, on May 17, 2006, the Defendant clan purchased from F the real estate listed in the separate sheet among the land No. 16.53/214 shares among the land No. 17, and 13.22/191.9/191.9/19 of shares among the land No. 2, and the real estate listed in the separate sheet among the land No. 2,
However, in the auction procedure as to the land Nos. 1, 29 and buildings on that ground, the share equivalent to the whole area of each household of the above ground buildings among the land Nos. 1, 29 and 2 has been successful, and most of the above land purchased by the defendant clan in the process of selling and transferring ownership, and only the share of 1.229/214 out of the land No. 1 and 0.982/191.9 out of the land No. 2 became owned by the defendant clan.
3) The Plaintiff asserted against the Defendant clan that the Defendant clan owned the instant real estate possessed the Plaintiff’s share among the lands Nos. 1 and 2, and sought unjust enrichment equivalent to the Plaintiff’s share (Seoul Southern District Court Decision 2012Da39930, hereinafter “classroom”).
B) The Defendant clan filed a lawsuit. B. (1) On January 16, 2013, in the course of the transfer of the instant real estate, the Defendant clan sold (hereinafter “instant sales contract”) the remaining shares owned by the Defendant clan to the Defendant B among the instant real estate and the land Nos. 1 and 2, and the registration of ownership transfer was completed on January 18, 2013 with the Seoul Southern District Court’s registration and the receipt No. 2514 on January 18, 2013.
2. On February 27, 2013, Defendant B had the same date with respect to the shares owned by Defendant B among the instant real estate and the land Nos. 1 and 2.