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1. The plaintiff's claim for share transfer registration against the defendant B shall be dismissed.
2. The Plaintiff:
(a) Defendant E, or .
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1-1 to 6, evidence 7-4, evidence 5-5 to 18, 22, 27, 29, 30, 32, 35, 39 through 50, 52, 53, 57, evidence 8-7, 12, 19, evidence 10-1 to 11, and the whole purport of the arguments.
(1) On June 2010, the Plaintiff entered into a sales contract (1) with Defendant E as to the “the instant forest located in the door before the division,” with respect to the “Yanwon-gun G forest G forest and 3,372 square meters, H forest and 18,149 square meters (hereinafter collectively referred to as “the instant forest and fields” prior to the division. The Plaintiff paid only the down payment and paid the remainder by receiving the loan, and then can be seen as making a big profit if the land is sold in installments.” The Plaintiff was offered a proposal to “the demand to invest the funds,” and jointly purchased the instant forest and fields prior to the division with Defendant E.
(2) Of the instant forest land before the division, the Plaintiff owned 18,149 square meters of H forest land in Gangseo-gun, Seowon-gun. G forest land was owned by Defendant C and D’s co-ownership (1/2 of each share). Defendant E concluded a sales contract (hereinafter “instant sales contract”) with regard to the instant forest land before division with I on June 9, 2010 with the seller “I and two others,” the buyer “E and one other,” and the buyer “E,” and the sales price of KRW 50,000,000 among the instant forest land. The down payment of KRW 50,000,000 on the date of the contract, and the remainder of KRW 450,00,000,000 on July 30, 2010.
B. The Plaintiff’s payment of the purchase price, etc. and the transfer registration under Defendant B’s name (1) transferred KRW 25,000,000 to the account under Defendant B’s name as the down payment for the purchase of the instant forest before division on June 9, 2010 at Defendant E’s request, and thereafter, transferred KRW 125,00,000 in total to the account under the name of I or Defendant B, for five occasions between July 14, 2010 and August 13, 2010.
(2) On August 13, 2010, with respect to the instant forest land prior to the division, Defendant B’s name on August 13, 2010.