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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. The Plaintiff, the owner of the land in Jung-gu Seoul Metropolitan Government, Jung-gu, 104 square meter (hereinafter “instant land”) newly constructed a D apartment building on the instant land and its neighboring land by obtaining a building permit jointly with the neighboring land owner, and subsequently divided ownership of some of the said new buildings (hereinafter “instant building”) in proportion to the ownership ratio of the building site.
B. On June 7, 1975, the Plaintiff issued one promissory note with a face value of KRW 20 million to E in order to pay the loan debt of KRW 16555,00,000, and completed the registration of creation of a neighboring mortgage in the name of E with respect to the instant land.
C. On February 24, 1976, the Plaintiff entered into a sales contract with E on February 24, 1976, stating that “the instant land and buildings shall be sold at KRW 46 million, but the loan obligations against E shall be deducted from the sales price by adding the loan obligations to KRW 25 million, and the Plaintiff’s loan obligations to other creditors, the deposit obligations for lease, and the obligation of public imposts shall be accepted by E, and shall substitute for the payment of the sales price.”
E filed an application for a compulsory auction for the instant land by another creditor against the Plaintiff. The Plaintiff asserted that the contract was null and void after the conclusion of the above sales contract, and the auction procedure was initiated on March 20, 1976, and completed the registration of ownership transfer under his name on September 14, 1984, and again completed the registration of ownership transfer to G on September 14, 1984.
E. On June 29, 2010, the Plaintiff filed a lawsuit against E and G seeking cancellation, etc. of the above transfer of ownership (hereinafter “instant lawsuit”). On March 17, 2011, when the lawsuit is pending, the Plaintiff entered into a contract to delegate a lawsuit (hereinafter “instant contract to delegate a lawsuit”) with the Defendant, who is an attorney-at-law, and paid a fee of KRW 3 million. On March 31, 201, the Defendant rendered a written delegation of a lawsuit to the court.