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1. The Defendant (Counterclaim Plaintiff) receives KRW 40,871,040 from the Plaintiff-Successor (Counterclaim Defendant).
Reasons
1. Basic facts
A. On September 27, 2017, the Plaintiff (Withdrawal) purchased D 231 square meters (hereinafter “No. 1”) from the F clan (hereinafter “Nonindicted clan”) and 2,464 square meters (hereinafter “No. 2 land”; and completed the registration of transfer of ownership on the grounds of the purchase on November 1, 2017, including “No. 1” and “No. 2,464 square meters of land” (hereinafter “instant land”).
B. On May 10, 2018, the intervenor, who was pending in the instant lawsuit, received a trust from the Plaintiff (ex officio) and completed the registration of ownership transfer based on the same day.
Accordingly, the intervenor succeeded to the lawsuit of this case, and the plaintiff (ex officio) withdrawn from the lawsuit of this case with the consent of the defendant.
C. On October 1, 2016, the Defendant completed the registration of ownership transfer as to the portion (a) of 61 square meters (hereinafter “(a) land”) in the attached Form No. 2, 14, 15, 16, 17, 17, 17, 33, and 2 of the land listed in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 12, 13, and 2 of the land listed in the attached Form No. 2, 14, 15, 16, 17, 3, and 2 of the land listed in the attached Form No. 2 (b) (hereinafter “B”) located on the ground.
[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 6, each entry (including paper numbers; hereinafter the same shall apply), the result of this court's entrustment of appraisal to the North Korean Land Information Corporation, Yeongdeungpo-dong Vice Governor of the Korea Land Information Corporation, the purport of the whole pleadings
2. Judgment on the Intervenor’s claim on the principal lawsuit
A. According to the facts of recognition as to the primary claim 1), the defendant is merely obligated to transfer the trust property, including each of the land in this case, to the plaintiff (ex officio), even if there is a cause for termination of the trust, such as the termination of the trust contract concluded between the plaintiff (ex officio) and the intervenor, barring special circumstances.