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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 acquired and disposed of the instant real property) around 1978: D, E, and ① 16m2, G, G, 17m2, H, 173m2, and 173m2, and ④ The instant building site and ④ the instant building site and ⑤ the instant building on the H site, and the instant land collectively referred to as the “instant land”; and the instant land collectively referred to as the “instant real estate”; and the said real estate and the instant real estate collectively collectively referred to as the “instant real estate.”
2) Upon delegation from the Plaintiff and D, E completed the registration of ownership transfer for each of the instant lands in its sole name. On January 18, 1978, upon agreement between the Plaintiff and D on the ownership of each of the instant lands, E completed the registration of ownership transfer for one-half shares of each of the instant lands on January 16, 1978 (joint ownership).
3) On April 4, 1978, E and D completed the registration of creation of a mortgage with the maximum debt amount of KRW 8,812,500 to the Defendant regarding each of the instant lands. However, on March 16, 2007, the foregoing registration of creation of a mortgage was revoked ex officio pursuant to Article 2 of the Addenda to the Registration of Real Estate Act, which was about 29 years thereafter, on March 16, 2007. (4) E and D entered into a contract with J and K to sell each of the instant real estate at KRW 550,00,000 between J and K on August 7, 2009. On September 8, 2009, they completed the registration of establishment of a mortgage with J and K on all the shares in each of the instant lands and buildings, and received each of the above paid sales amount divided into KRW 1/2.
B. A prior suit is filed and its progress 1) The Defendant filed a suit for damages, etc. with D as the Defendant around 2012 and filed a suit for damages, etc. with Seoul Central District Court 2012Gahap97081, and the Defendant purchased through D each of the 1/4 equity shares of the instant real estate together with D through the Plaintiff and purchased 1/2 equity shares of each of the instant real estate. The name of the ownership transfer registration as to the 1/2 equity shares is D, but if D sells the instant real estate to a third party, 1/4 (D received) out of the purchase price.