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1. The plaintiff's primary claim and the conjunctive claim against the defendants are dismissed, respectively.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. On September 19, 2002, G owned 320/990 shares, and 670/990 shares, and G owned 350/990 shares, respectively. However, on September 19, 2002, G completed each share transfer registration with respect to 320/990 shares, to Defendant B, and to H with respect to 320/990 shares.
B. On February 6, 2004, the above site was substituted with 2.3 square meters on the land indicated in the attached Table 1. and 2. (In sequence, “instant 1.2 real estate”) and 1.320 square meters on April 20, 2004 by the land readjustment project under the Land Readjustment Project Act, and divided a partition of co-owned property on April 20, 204. The instant 1 real estate owned by Defendant B, and the instant 2 real estate owned by H.
C. After that, Defendant C completed the registration of ownership transfer on October 2, 2006 due to the sale on October 2, 2006, and Defendant D completed the registration of ownership transfer on September 27, 201 at each voluntary auction procedure (J of the Military District Court).
【Legal basis for recognition】 Each entry in the evidence Nos. 4 and 5 (written copy of each real estate register), and the purport of the entire pleadings
2. The plaintiff's assertion
A. The real estate of this case is the real estate purchased from September 19, 2002 as the representative director of K G on the owner's September 19, 2002 and transferred from September 19, 2002 to Defendant B with the title trust. The real estate of this case was transferred to Defendant C by abusing the title trust, which is the cause of the sale of another person's rights.
B. On May 22, 2005, the Plaintiff entered into a sales contract to purchase KRW 650 million from H from May 2, 2005, and Defendant B transferred to Defendant C with KRW 1.5 billion and entered into a sales contract with H and Defendant C with KRW 1.5 billion, and thus, the registration of transfer was made between H and Defendant C with the sales contract. As such, the sales contract, which was unregistered, is null and void.
C. Defendant B’s 3 billion won for the instant real estate 1 and 2 to Defendant C following the Plaintiff’s death: Provided, That Defendant C is one billion won for the collateral security obligation of L Co., Ltd., the representative director of which is the Plaintiff.