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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 3, 2011, the Defendant completed the registration of ownership transfer with respect to each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) and C completed the registration of ownership transfer with respect to each of the instant lands on November 16, 201.
B. On February 6, 2014, the Defendant filed a lawsuit against C seeking cancellation of the above provisional registration with the Ulsan District Court 2013Kadan24183 (hereinafter “instant lawsuit”), and the conciliation was concluded with the Defendant’s main content that transferred part of the shares of each of the instant land to C and the Intervenor D and the Intervenor D and that the aforesaid provisional registration should be cancelled.
C. On June 10, 2014, the Defendant concluded a compensation agreement with the purport that the instant land Nos. 2, 6 was transferred at Yangsan-si and would be paid KRW 76,729,500 as compensation for losses. On the same day, after receiving compensation for losses, the Defendant completed the registration of ownership transfer based on an agreement on the land acquisition at Yangsan-si on the 12th of the same month.
On June 30, 2014, the Plaintiff prepared a revenue-sharing agreement under the Protocol on the Disposal of Land pursuant to the Adjustment (hereinafter referred to as the "Agreement") with the Defendant on the object of each of the instant land, and the specific contents thereof are as follows:
The Ulsan District Court 2013da24183, Ulsan District Court 2013da24183, the real estate stated in the annexed list shall be disposed of to others according to the protocol of mediation pursuant to the cancellation of provisional registration of the agreement on profit distribution according to the disposal of the land in accordance with the protocol of mediation, and the profits shall
Article 1. The indication of the real estate in the above case shall be as shown in the attached list.
When the sale or transfer of real estate listed in the attached Form of Article 2 of the above Article 1 occurs to a third party, both parties shall have a profit divided by one half of each of the parties.
Section 4. For the settlement of these profits the distribution of profits remains after deducting taxes and public charges.