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1. The defendant shall be the plaintiff.
A. As to each real estate listed in the separate sheet No. 1, Incheon District Court, Dongcheon Registry, 2013.
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1-1-4, Gap evidence No. 2, Eul evidence No. 2, and the purport of the whole pleadings.
The Plaintiff conferred upon C the power of representation to sell the real estate listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as “instant real estate”).
B. On May 5, 2013, C sold the instant real estate to the Defendant in KRW 1,350,000,000 between D and D who represented by the Defendant as the Defendant’s husband. However, the down payment of KRW 572,00,000 is offset against the Defendant’s obligation to E (State) operated by C, and the remainder of KRW 778,00,000 is paid on May 29, 2013. The seller and the buyer drafted a written contract under which C and the buyer are the Defendant (hereinafter “instant contract”).
C. On May 29, 2013, the Plaintiff completed each registration of ownership transfer under the Incheon District Court No. 25469, and No. 25470, as to the real estate stated in the separate sheet No. 2 list No. 2 of the Incheon District Court on May 29, 2013.
2. The defendant's judgment on this safety defense has completed the registration of ownership transfer with respect to this case's real estate to the Asian Trust Co., Ltd., and the defendant is not a person responsible for the registration of cancellation of ownership transfer, and thus the lawsuit of this case against the defendant is unlawful.
According to the statement in Gap evidence No. 1-1-4, the fact that the registration of ownership transfer in the name of the Asian Trust Co., Ltd. based on the trust was completed as of May 29, 2013 by the Incheon District Court, Dongcheon Registry of 25472 as of each real estate listed in the separate sheet No. 1-2 as of May 29, 2013, and as of the real estate listed in the separate sheet No. 2 as of May 29, 2013 by the same registry office No. 25471 as of May 29, 2013 can be recognized. However, each claim for cancellation of the ownership transfer registration