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1. The Defendant shall pay to the Plaintiff KRW 98,00,000 and the interest rate of KRW 20% per annum from March 26, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. On August 22, 1995, the Defendant sold 237 square meters of land B 1,620 square meters in the name of Seocheon-si B, where the registration of ownership preservation was completed, to the Plaintiff, and on December 12, 2001, the registration of ownership transfer was completed in the name of the Plaintiff on the instant land. The Plaintiff sold the instant land to C on January 29, 2004, and C to D on October 8, 2007.
B. Meanwhile, the entire 115 square meters prior to the subdivision was divided on March 9, 1995, and the instant land was changed to the land category on May 14, 2008, and at the same time, the instant land was combined with E land for a factory, F land 623 square meters, F land 9 square meters, G land 661 square meters, and B land for a factory became 1620 square meters.
C. However, the first heir of H, who is the owner of the instant land, filed a lawsuit against the Plaintiff, C, and D seeking the implementation of each of the procedures for the registration of ownership transfer and preservation on the ground that the registration of ownership transfer and registration of ownership transfer are invalid on the ground that the registration of ownership transfer and registration of ownership transfer of H’s land in this case is the true owner of the instant land. The above court rendered a judgment accepting the claim on the ground that the registration of ownership transfer and registration of ownership transfer are invalid on the ground that the Seoul Central District Court (Seoul Central District Court Decision 2012Na3615 (principal claim), 2012Na3615 (principal claim), 2012Na25721 (Counterclaim) and the final appeal [Supreme Court Decision 2012Da10680 (principal claim), 2012Da10680 (principal claim) and 2016Da106710) were withdrawn from the court of final appeal, but the above judgment became final and conclusive on the ground that the cause is invalid (Counterclaim).
Seoul Central District Court 2013Na21023 (Main Office), 2013Na21030 (Counterclaim)
D, who purchased the instant land from C, filed a lawsuit against C seeking damages against C by the District Court 2013Gahap5265, and the said court “C” is either KRW 98 million against D and this.