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1. Defendant B’s KRW 192,645,00 for the Plaintiff and KRW 5% per annum from June 4, 2015 to July 14, 2016.
Reasons
1. Basic facts
A. On November 26, 1971, F, G, H, and Defendant C completed the registration of ownership transfer as to shares of 1/4 of the 5,017 square meters of I forest land and 5,017 square meters (hereinafter “the forest land before the instant subdivision”). Defendant B completed the registration of ownership transfer on June 2, 1983 with respect to F’s shares by agreement and division.
B. On February 20, 2004, the Plaintiff concluded a sales contract with H on February 20, 2004 to purchase KRW 378,000,000 for each of the 1/4 shares (757 square meters) of the forest land before the instant division with Defendant B.
(hereinafter “instant sales contract”). C.
The Plaintiff is to construct and develop a building after dividing the forest land before the instant partition with G, H, Defendant B, and Defendant C into the site. On September 6, 2004, the Plaintiff paid the purchase price pursuant to the instant sales contract to H and Defendant B. On September 7, 2004, the Plaintiff completed the registration of establishment of a neighboring forest land to the obligor G, Defendant H, Defendant B, and Defendant C with respect to the forest land before the instant partition.
(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).
The forest before the instant partition is divided into 1,075 square meters of 1,075 square meters of Yan-si, J forest 659 square meters, 20 square meters of K forest, 628 square meters of L forest, 245 square meters of 245 square meters of M forest, 628 square meters of O forest, 392 square meters of P forest, 1,370 square meters of Y forest, and Q forest 8 square meters of Y-si. The Plaintiff completed the registration of transfer of ownership with respect to 1,075 square meters of Y-si, Y-si, and 659 square meters of J forest (hereinafter “each of the instant forest
E. On August 8, 2007, the RJJ (hereinafter “RJ”) filed a lawsuit against G, H, Defendant B, and Defendant C seeking the implementation of the procedure for the registration of ownership transfer based on the cancellation of title trust with respect to each forest of this case (hereinafter “instant lawsuit”). On August 8, 2007, the RJ filed a claim for the registration of ownership transfer based on the cancellation of title trust with respect to each forest of this case as the preserved right.
F. The Plaintiff newly constructed two buildings on each forest of this case. The Plaintiff constructed two buildings on each forest of this case.