beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 7, 2009, Defendant B and D purchased 1/2 shares of each of the real estate listed in the separate sheet “Attachment List” from Co., Ltd. (hereinafter collectively “instant real estate”) and completed the registration of ownership transfer with the content that they own 1/2 shares on the 9th of the same month.
(hereinafter referred to as “instant share”) . (b) 1/2 shares purchased by D among the above shares.
D On December 23, 2009, the Plaintiff (the husband completed the marriage report on January 16, 1984 and completed the divorce report on August 8, 2000) and the Plaintiff, who was the husband, concluded a pre-sale agreement with respect to the instant shares, and on the same day, completed the provisional registration of the right to claim ownership transfer based on the pre-sale agreement with respect to the instant shares to the Plaintiff on November 29, 2017.
C. After October 16, 2018, Defendant B and F sold the instant real estate to G as a broker of Defendant C, with the purchase price of KRW 320 million, KRW 320 million. G agreed to take over the obligation to refund the lease deposit amount of KRW 92 million and KRW 15 million, total amount of the secured debt of each of the collateral security rights established on the instant real estate. Accordingly, G paid KRW 72 million out of the said money at F’s request, as the actual right holder of the instant share.
However, with respect to the ownership of the remaining amount of KRW 26.5 million upon the outstanding payment date, Defendant B claimed that at the time of purchase of the instant real estate, Defendant B bears more expenses than D, and the Plaintiff should receive the said money because there is no right to the instant shares on the registry. The Plaintiff asserted that he/she should receive the said money as the actual right holder of the instant shares, and the Plaintiff, as the Defendant C’s arbitration, shall receive the said money, once he/she received KRW 26.5 million from G, and kept the said money later.