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1. The plaintiff succeeding intervenor's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.
Reasons
1. Facts of recognition;
A. On March 19, 1976, the Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) and the Defendant, D, E, and F five persons jointly invested KRW 80,000 per capita, and purchased KRW 2,301 square meters per capita and KRW 3,217 square meters per H. (hereinafter “each of the instant lands”). At the time, each of the instant lands was to be registered in the name of D where the qualification certificate for acquisition of farmland was issued as farmland and each of the instant lands was completed by the Daegu District Court’s registration office No. 4114, Jun. 19, 1976.
B. However, upon the occurrence of the risk of compulsory execution procedures for the above D’s property, D transferred the name of the owner of the remaining shares other than its own shares to F and the Defendant on September 10, 1986. ① The F transferred 460.16/2,301 shares in G land according to its equity ratio, and 643.40/3,217 shares in H land, and ② the Defendant transferred 1,380/2,301 shares in G land corresponding to the Defendant, the Plaintiff and E’s share ratio, and 1,930/3,217 shares in H land, respectively.
C. After that, D’s voluntary auction was initiated with respect to the shares of each of the instant lands, and it was awarded to I on July 15, 1992, and the ownership was transferred in sequence to J and K.
On the other hand, on December 27, 1997, F transferred its shares to the defendant among each land of this case.
E. On February 1, 2005, the Defendant entered into a sales contract with the Korea EsssS Children Village (hereinafter “Korea Social Welfare Foundation”) with respect to the shares in its own name among each of the instant lands, and received full payments from the said Social Welfare Foundation. On February 23, 2005, the Defendant completed the registration of ownership transfer with respect to each of the instant lands to the Nonparty Social Welfare Foundation as the number of 16010 of the same registry office.
F. The defendant is only 60 million won out of the purchase price received from the non-party social welfare foundation on August 2005.