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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Details of the disposition
On September 8, 2001, the Plaintiff paid KRW 200,000,00 to Dong-gu Seoul Special Metropolitan City, Sung-gu, Seoul Special Metropolitan City (hereinafter “instant land before the instant subdivision”). B purchased the said land from D on February 8, 2002 in KRW 275,00,000,000 before the said subdivision, and completed the registration of ownership transfer on the said land under E, a real estate broker.
Since then, B paid to D the above KRW 20 million received from the Plaintiff and around March 2003 the above purchase price (275 million won) with the loan received as security on the land before the above division.
(B) On March 22, 2006, the Plaintiff filed a lawsuit against Suwon District Court for the registration of ownership transfer with respect to the land before subdivision (2006Gahap2465). In the process, the Plaintiff, E, and B agreed on September 28, 2006 that “E transfers the ownership of 81m2 out of the land before subdivision to a person designated by the Plaintiff, and B does not raise any objection with respect to the above transfer of ownership.”
(A) On October 16, 2006, Sungwon District Court Branch 2006Gahap2465, the mediation date of the case No. 2465, and as a result, “E shall implement to B the procedures for registration of ownership transfer based on the cancellation of title trust on the land prior to the instant partition on October 16, 2006 (hereinafter “instant first adjustment”).
(A) On November 1, 2006, the land before the instant subdivision was divided into one parcel outside of 1622 square meters (hereinafter “instant land after the instant subdivision”). On April 18, 2008, the Plaintiff filed a lawsuit (2008 group 15864) against B on April 18, 2008, claiming for the registration of transfer of ownership of 81 square meters out of the land after the instant subdivision at Sungwon District Court, Sungnam-gu, Suwon-gu, Seoul Special Metropolitan City (hereinafter “instant land after the instant subdivision”). On February 24, 2009, “B from the appellate court of the instant case (Seoul High Court 2008Na66742) on February 24, 2009, from the conciliation date of the said case, after the said division, to the Plaintiff.