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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B were legally married couple who completed the marriage report on November 1, 1982.
B. On April 13, 2007, the Plaintiff purchased a building of 10.6 square meters in Seodaemun-gu Seoul (hereinafter “instant land”) and 210.6 square meters in its ground, and completed the registration of ownership transfer on May 28, 2007. The Plaintiff completed the move-in report on May 30, 2007, and thereafter the Plaintiff and the Defendant B were residing in the said building.
C. On July 10, 2008, the Plaintiff donated 1/2 shares among the instant land and the buildings on the third floor above each to Defendant B, and completed the registration of transfer of shares based on donation on July 16, 2008.
On October 14, 2010, the Plaintiff and Defendant B completed the agreement divorce report.
E. Defendant B completed the registration of share transfer based on the division of property on October 19, 2010 with respect to the Plaintiff’s 1/2 portion among the instant land and the instant 3th floor buildings, which was received on November 2, 2010 by the Seoul Western District Court (Seoul Western District Court Decision 36363, Oct. 29, 2010). At the time, Defendant B submitted an application document for registration with the Plaintiff’s seal impression affixed as a document for registration, and the Plaintiff’s certificate of personal seal impression issued on the same date (Evidence 3-2), “The Plaintiff transferred one-half share of the Plaintiff among the instant land and the building on the ground of divorce to Defendant B” (Evidence 5, 2010).
F. On August 2, 2012, Defendant B purchased D 154.4 square meters and its ground surface abutting on the instant land, and completed the registration of the establishment of a neighboring building with the maximum debt amounting to KRW 1,134,00,000 as Seoul Western District Court’s Seodaemun-gu Office No. 24927, August 17, 2012, using the instant land and the three-story buildings, D land and its ground as joint collateral.
Defendant B, thereafter, removed the instant land and buildings on the ground of D and newly constructed the 7th floor building on the said two parcels, and on April 2, 2013.