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1. The defendant has caused the plaintiff to recover the real estate No. 1 listed in the attached list to the plaintiff.
Reasons
1. Facts of recognition;
A. Nonparty C planned to construct each of the studio buildings on the ground in 350 cubic meters (hereinafter “instant land”) from Kimhae-si, Kimhae-si (hereinafter “instant 1”) and E large 590 cubic meters (hereinafter “instant 2 land”), and obtained a building permit from Kimhae-si.
B. C received investment money from the Plaintiff and decided to newly construct each of the above studio, and received KRW 200 million from the Plaintiff from January 29, 201 to June 16, 2011. In the process, around February 24, 2011, C transferred ownership in the name of the Plaintiff with respect to the instant land No. 1. The ownership transfer registration for the instant land No. 2 was made in the name of the Plaintiff, and the ownership transfer registration for the instant land No. 2 was made on May 26, 2011, and the Plaintiff completed the registration of ownership transfer on August 9, 201.
C. On the other hand, C is the building of this case No. 2, which is the first studio building on the land No. 2.
A New Construction: (a) around November 10, 201 after the Plaintiff had changed the name of the owner, and (b) around November 10, 201, F obtained approval for the use of the instant building No. 2 and completed registration of ownership preservation in the name of the Plaintiff; (c) on the other hand, on March 16, 2012, F, a partner of C, filed a registration of ownership transfer claim on the ground of trade reservation with respect to the instant land No. 2 and building
C In addition, about the land No. 1 of this case, around October 27, 2011, after obtaining a building permit under the name of the plaintiff and "the studio building" below the studio building is "the 1 building of this case."
the building began. D.
Meanwhile, around December 27, 2012, while constructing the instant building No. 1, the Plaintiff and C agreed to the following contents:
hereinafter referred to as the "agreement of this case"
1. A change of name shall be made, as the top priority, to a person designated by a provisional registrant of a D owner’s name (the plaintiff will first implement it);
2. D. The Plaintiff shall provide documents necessary for the registration of new construction and land trade.
3. E.