1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 16, 1993, the Plaintiff completed the registration of ownership transfer with respect to D apartment Nos. 351, 1102 (hereinafter “instant apartment”).

B. As to the apartment of this case, on September 19, 197, the registration of ownership transfer was made under the name of the defendant on August 16, 1997, and the registration of ownership transfer was completed in the name of E and F on July 20, 2007.

[Grounds for Recognition: Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings]

2. The Defendant asserted that the registration of ownership transfer in the name of the Defendant, E, and F as to the apartment of this case was null and void, and that the Plaintiff filed a lawsuit seeking cancellation of the ownership transfer registration under the Seoul Central District Court Decision 2011Da35079, and that the Plaintiff and the Defendant filed a lawsuit seeking nullification of the sales contract under the Seoul Central District Court Decision 2013Gahap1025, by asserting that the sales contract between the Plaintiff and the Defendant was forged, the Plaintiff asserted that the lawsuit of this case was unlawful since it constitutes abuse of the right of lawsuit.

As examined in the following, each of the above lawsuits and the basic facts of the instant lawsuit are identical. However, considering the claim for cancellation of ownership transfer registration, and the claim for confirmation of invalidity of a sales contract, the filing of the instant lawsuit seeking compensation for damages arising out of a different tort cannot be deemed to have abused the right. Thus, the Defendant’s prior defense on the merits cannot be justified.

3. Judgment on the merits

A. The plaintiff's assertion that the apartment of this case was originally owned by the plaintiff. Despite the absence of any contract or promise with the plaintiff, the defendant was completed the registration of transfer of ownership with the false sales contract on August 16, 1997. Thus, the defendant is 20,000,000 won for damages caused by the above tort to the plaintiff.