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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As to the 13.315/1917.7, which is a part of D’s share among the 1,917 square meters in Nam-gu Incheon Metropolitan City (hereinafter “instant land”), the registration of transfer of ownership in the name of the Defendant was completed on November 10, 1982 on the ground of the final judgment on January 20, 1980, as to the registration of transfer of ownership in the name of the Defendant, and as to the 39.945/1917.7, which is a part of D’s share, on August 23, 1989, on August 11, 2009.
B. With respect to 3/4 shares of E among the real estate listed in the attached list No. 2 (hereinafter “instant building”), on April 16, 1979, the transfer registration of ownership in the name of the defendant was completed on October 2, 1992 as to the registration of ownership transfer and 1/4 shares in D based on the final and conclusive judgment on January 20, 1980, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff’s assertion (1) E newly built two houses with 36 households in the instant land (hereinafter “the instant tenement house”), and F purchased the instant building from E. The Defendant acquired the status of the buyer from F to move into the instant building on or around December 12, 1980.
(2) However, in the process of constructing the instant apartment house, disputes arose over the instant land and the instant apartment house due to the issue of financing construction, etc., and on November 26, 1987, G and H reached an agreement that “G and H have a claim of KRW 118,500,000 against E” on November 26, 1987, stating that “G and H have a claim of KRW 118,500,000 for each household, including the instant building, and the land for the instant household, shall be acquired under the pretext of payment in kind in kind by determining KRW 14,00,000 for each household, in case where E and H fail to pay their debts by May 23, 198.”
(3) D) On April 10, 1989, the Plaintiff and the Plaintiff resolved all the problems that were scattered in the instant tenement house.