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1. Revocation of the first instance judgment.
2. The plaintiff (appointed)'s claim is dismissed.
3. The total cost of the lawsuit.
Reasons
1. Facts of recognition;
A. On August 4, 2003, the Seoul Seocho-gu Seoul Metropolitan Government Ga and H ground D apartment (hereinafter “D apartment”), E, F, etc. entered into a contract for the construction of the D apartment and the construction of the D apartment (the owner shall allow the third party to purchase the D apartment 101, 601, and 602 to use it for the payment of the construction price after the construction of the d apartment).
On January 5, 2004, I, as the Defendant’s husband, received subcontracting [the construction cost shall be determined as KRW 556,638,00,00, which shall be assessed as KRW 451,00,000, which shall be assessed as KRW 602, which shall be assessed as KRW 451,000) and one household in another region after the completion of the construction work, which shall be paid as payment in kind by one household in another region.]
(hereinafter referred to as the “instant subcontract”). On March 30, 2004, I completed the framework construction pursuant to the instant subcontract, and on May 10, 2005, the new construction of D Apartment was completed, and on May 10, 2005, registration of ownership preservation was completed for each household of D Apartment under the name of 11 owner, such as E and F.
B. On March 17, 2009, the appellate court (Seoul Central District Court 2008Na32746) filed a lawsuit against I as to the real estate listed in the separate sheet (hereinafter “D apartment 101”) and the F, E, and E, as the process of completing the registration of transfer of shares in the name of M, the judicial conciliation was established with the following: “I shall pay I to F KRW 8,60,000,000, and I shall pay E each of KRW 7,60,000, and at the same time, it shall receive from F, E each of the D apartment 101 and 601 shares.”
I completed the registration of ownership transfer as to 2/11 shares (F's shares 1/11, E's shares 1/11) of D Apartment Nos. 101 and 601 on August 18, 2009 due to the above conciliation.
(However, the real estate register of each of the above real estate is recorded on July 23, 2009 by the conciliation date, which is the cause for registration, as well as I under the subcontract of this case.