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The plaintiff's primary claim and the conjunctive claim are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. Each land listed in the separate sheet (hereinafter “instant land”) was registered in D future since around 1937. However, 30 years have passed since D died in around 1976-1978, and the Defendant, the head of D, on March 20, 2014, completed the registration of ownership transfer for the instant land due to inheritance following consultation and division on May 10, 1978.
B. After that, E’s ownership was transferred to the Korea Land and Housing Corporation on April 24, 2014 due to the acquisition of public land by consultation.
C. Meanwhile, around December 4, 2012, the Plaintiff entered into a sales contract with F that purchased the instant land at KRW 17 million, and paid the said money to F around that time.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 4 and 6 (including each number), the purport of the whole pleadings
2. Under the plaintiff's assertion, both the primary and conjunctive claims are the exercise of the creditor's subrogation right against C as the preserved claim.
A. On November 20, 1976, G purchased the instant land from D to November 20, 1976, G died and succeeded to C independently. On December 4, 2012, the Plaintiff purchased the instant land through F, a legitimate agent of C.
However, the defendant, a heir of D, who did not complete the registration of transfer of rights as above, has completed the registration of transfer of ownership by inheritance alone.
Therefore, the Defendant, as the heir of D, the owner of the instant land, is obligated to implement the registration procedure for ownership transfer on November 20, 1976 with respect to the said land to C, who is the purchaser of G. However, in the case of the land indicated in attached Table No. 5, the implementation of such registration procedure is impossible. Thus, the Defendant is obligated to pay KRW 26,50,000,000,000, which is the price acquired following the consultation sale of the said land