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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1, 2, 7-1, and 7-2; and (c) the testimony of the first instance court witness D, and the purport of the entire pleadings.
After the Defendant and E purchased real estate through joint investment and agreed to distribute profits therefrom at the ratio of Defendant 2 and E, the Defendant and E purchased the forest land in Ulsan-gun, Ulsan-gun prior to subdivision on April 2005 and completed the registration procedure for transfer of ownership in the future of the Defendant.
B. In addition, the Defendant and E received an investment of KRW 140 million from F, and purchased each of the said G forest land. Since F demanded the return of the said investment amount, the Defendant received an investment of KRW 140 million from D and returned it to F.
C. Accordingly, the Defendant and D agreed on May 24, 2005 (hereinafter “instant agreement”) as follows.
In relation to Ulsan-gun C and G, a total of KRW 900 million shall be invested in the following shares with respect to the purchase price and transfer cost:
Defendant: 2/3, E: 1/3, and D: Defendant’s equity share of KRW 2,00,00, the Defendant set up a right to collateral security of KRW 200,000 in the name of G forest under D.
The time of sale shall be determined by the agreement of the defendant, E, and D, and the profits shall be distributed in proportion to the investment shares.
After that, the Defendant acquired the shares of investment from E, and on October 13, 2010, D transferred all the rights of D to the Defendant under the instant agreement.
E. Meanwhile, the instant land became the instant land through several subdivisions before the said subdivisions.
2. The plaintiff's assertion and judgment thereon
A. The Plaintiff’s assertion D has the right to claim for ownership transfer registration against the Defendant on the 2,000 square meters pursuant to the instant agreement, and has already obtained ownership rights on the 1,000 square meters out of G forest land. Therefore, the Plaintiff has the right to claim ownership transfer registration with respect to the 3,305 square meters out of the instant land, which amount to 1,000 square meters.
Therefore, it is true.