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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in the entries in Gap evidence Nos. 1-9 (including paper numbers; hereinafter the same shall apply) and Eul evidence No. 2.
(1) On January 23, 1976, D, the father of the Plaintiff, completed the registration of ownership transfer for shares of 50/70 (50/77) out of the Defendant’s father on November 1, 1977 with respect to E-dong (hereinafter “E-dong”) in Gangseo-gu, Busan (hereinafter “E-dong”) due to sale, and completed the registration of ownership transfer for shares transfer for 500/70 (50/7) shares among them.
(2) On December 1, 1988, Busan Metropolitan City registered the transfer of ownership based on a consultation on public land acquisition with respect to 27/770 shares (7/70 shares in the instant land are owned by D and remaining 20/70 shares are owned by F) out of the instant land.
(3) On August 21, 2001, F issued on August 21, 2001 the registration of ownership transfer based on sale with respect to shares 115/1540 (57.5/770) out of shares in the instant land (i.e., 50/70 - 20/770) out of the instant land.
(4) After F died on January 10, 2010, H, who is the Defendant’s mother and F’s wife, the Defendant’s mother and F, completed the registration of ownership transfer based on inheritance by agreement and division as to F’s share out of the instant land on August 20, 2010 (i.e., 480/770- 115/1540).
(5) On November 9, 2011, D completed the registration of transfer of ownership on one’s own land (i.e., 770/770 - 500/770 - 7/770 - 7/70) out of the instant land due to donation.
(6) On October 7, 2013, H filed a lawsuit against the Plaintiff, G, and Busan Metropolitan City as Busan District Court 2012Kadan68114, and the said court paid KRW 12,965,259 to Busan Metropolitan City by November 29, 2013, and the Busan Metropolitan City paid the said money to H at the same time receiving the said money from H, and at the same time, paid the said money to H 54/1540 (27/70) of the instant land.