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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' assertion
A. Plaintiff 1) around June 18, 191, the Plaintiff indicated in [Attachment 1 and 2] List Nos. 1 and 2 (hereinafter “instant land”) where Defendant B’s share is owned by Defendant B (hereinafter “instant land”).
(3) On the ground, the building listed in the separate sheet (hereinafter “instant building”)
(2) On January 203, 2003, the Plaintiff entered into an agreement on the condition that the ownership of the five storys of the instant building should be transferred instead of paying the purchase price for the instant building. (2) Around January 2003, the Plaintiff transferred to Defendant B the shares of 2,17.756/19,138.55, out of the shares of the instant building. In fact, the entire five storys of the instant building is 1,985 square meters. Since the ownership acquired over the instant building and the instant building Nos. 1, 2 is null and void, Defendant B is obligated to transfer the shares acquired over the Plaintiff.
3) Defendant C and D purchased shares on the fifth floor of the instant building from Defendant B, and acquired the ownership of the entire fiveth floor of the instant building. However, as seen earlier, since the registration of transfer of excess shares becomes null and void as seen earlier, Defendant C and D are obligated to cancel the registration of transfer of shares acquired in excess. Also, as provisional seizure of excess shares was established against the registration of invalidity of cause, Defendant G, H and I, the heir of Defendant E, F and J, who are the provisional attachment authority for the said shares, is obligated to express their consent on the registration of cancellation.
B. Defendant B1) filed a lawsuit against the Plaintiff, K, L, M, and N on the claim for ownership transfer registration against the Seoul Central District Court (Seoul Central District Court 93Gahap31080 at that time, Seoul Central District Court 93Gahap31080) on June 17, 1993 for M and N, and upon winning a favorable judgment on July 14, 1993 for the Plaintiff, K, and L, the judgment became final and conclusive on January 20, 203.