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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. Basic facts
A. The Defendant and B shared 300/745, 445/745, and 445/745 of the Nam-gu, Nam-gu, Seoul District Court at the time of subdivision. However, on June 22, 2005, the Defendant filed a lawsuit against B for subdivision of the co-owned property under the Daegu District Court Branch Branching 2005Kadan9393, and in the litigation procedure, the conciliation was established that the 993 square meters of the forest before subdivision shall be the Defendant’s sole ownership, and that the remaining 1,473 square meters of the forest before subdivision shall be the sole ownership of B (hereinafter “instant conciliation”).
B. Accordingly, according to the instant conciliation on January 23, 2006, the Defendant divided the said woodland into 1,473 square meters of land in Nam-gu, Nam-gu, Seoul (hereinafter “instant woodland”) and 993 square meters of land in D forest, and completed the registration of ownership as to the said D forest under the Defendant’s sole name.
However, the reason that B did not complete the registration in its own name on the forest land of this case, the Defendant still registered as the owner the shares of 300/745 of the forest land of this case (hereinafter “instant shares”).
C. On April 16, 2010, the Plaintiff entered into a contract to purchase KRW 73,390,000 for the instant shares out of the forest land registered under the Defendant’s name (hereinafter “instant sales contract”), and completed the ownership transfer registration (hereinafter “instant transfer registration”) pursuant to the Daegu District Court Port Branch Branch Decision No. 28419, Apr. 19, 201, as of April 19, 201.
On June 3, 2010, the Plaintiff again sold the instant shares in KRW 160,110,000 to E and completed the registration of ownership transfer in the future, but on May 25, 2012, the Plaintiff filed a lawsuit against the Plaintiff and E seeking the cancellation of ownership transfer registration under Daegu District Court Branch Branching 2012Kadan6866. On October 15, 2012, the said court completed the registration of ownership transfer in the instant case, and completed the registration as the receipt of KRW 43411, which was received on June 3, 2010.